EXCHANGE 


D£PT 


JOURNAL 


CONSTITUTIONAL  CONVENTION 


(Hommmtwaltl)  of 
1917. 


PRINTED  BY  ORDER  OF  THE  CONVENTION. 


BOSTON: 

WRIGHT   &  POTTER  PRINTING  CO.,  STATE  PRINTERS, 

32  DERNE  STREET. 

1917. 


CHAPTER  98,  GENERAL  ACTS,  1916. 


[APPROVED  APRIL  3,  1916.] 


AN  ACT  TO  ASCEKTAIN  AND  CAREY  OUT  THE  WILL  OF  THE  PEOPLE 
RELATIVE  TO  THE  CALLING  AND  HOLDING  OF  A  CONSTITU- 
TIONAL CONVENTION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Court  assembled,  and  by  the-  authority  of  the  same,  as  follows: 

SECTION  1.  For  the  purpose  of  ascertaining  the  will  of  the 
people  of  the  commonwealth  with  reference  to  the  calling  and 
holding  of  a  constitutional  convention,  the  secretary  of  the  com- 
monwealth shall  cause  to  be  placed  on  the  official  ballot  to  be 
used  at  the  next  annual  state  election  the  following  question:  — 
"Shall  there  be  a  convention  to  revise,  alter  or  amend  the  con- 
stitution of  the  commonwealth?"  The  votes  upon  said  question 
shall  be  received,  sorted,  counted,  declared  and  transmitted  to 
the  secretary  of  the  commonwealth,  laid  before  the  governor  and 
council,  and  by  them  opened  and  examined,  in  accordance  with 
the  laws  relating  to  votes  for  state  officers  so  far  as  they  are 
applicable.  The  governor  shall,  by  public  proclamation,  on  or 
before  the  first  Wednesday  in  January  next,  make  known  the 
result  by  declaring  the  number  of  votes  in  the  affirmative  and 
the  number  in  the  negative;  and  if  it  shall  appear  that  a  major- 
ity of  said  votes  is  in  the  affirmative,  it  shall  be  deemed  and 
taken  to  be  the  will  of  the  people  that  a  convention  be  called 
and  held  to  revise,  alter  or  amend  the  constitution,  and  in  his 
proclamation  the  governor  shall  call  upon  the  people  to  elect 
delegates  to  the  convention,  at  a  special  election  to  be  held  in 
all  the  cities  and  towns  of  the  commonwealth  on  the  first  Tues- 
day in  May  in  the  year  nineteen  hundred  and  seventeen. 

SECTION  2.  The  number  of  delegates  to  be  elected  to  the 
convention  shall  be  three  hundred  and  twenty,  of  whom  sixteen 
shall  be  elected  at  large,  sixty-four  by  the  sixteen  congressional 
districts,  to  wit,  four  by  each  district,  and  two  hundred  and 
forty  by  the  legislative  representative  districts  of  the  common- 
wealth, each  district  having  the  same  number  of  delegates  as  it 
is  then  entitled  to  elect  representatives  to  the  general  court. 

SECTION  3.  Nomination  of  candidates  for  the  office  of  dele- 
gate to  the  constitutional  convention  shall  be  made  by  nomina- 
tion papers  without  party  or  political  designation  which  shall  be 
signed  in  the  aggregate  by  not  less  than  twelve  hundred  voters 
for  each  candidate  at  large,  by  not  less  than  five  hundred  voters 
for  each  candidate  for  delegate  from  a  congressional  district,  and 
by  not  less  than  one  hundred  voters  for  each  candidate  for  dele- 

439433 


98;  GENERAL  ACTS,  1916. 


gate  Iroin  a  legislative  representative  district.  Said  papers  shall 
be  filed  on  or  before  five  o'clock  in  the  afternoon  on  the  first 
Tuesday  in  March  in  the  year  nineteen  hundred  and  seventeen. 
No  person  shall  be  a  candidate  for  delegate  in  more  than  one 
district,  or  both  in  a  district  and  at  large.  If  nomination  papers 
for  more  than  one  nomination  for  delegate  are  filed  in  behalf  of 
a  candidate,  and  if,  within  seventy-two  hours  after  five  o'clock 
in  the  afternoon  of  the  first  Tuesday  in  March  aforesaid,  he 
withdraws  all  but  one  nomination,  the  remaining  nomination 
shall  be  valid.  No  person  shall  be  a  candidate  for  delegate  from 
a  legislative  representative  district  in  which  he  does  not  reside. 

SECTION  4.  If  in  the  commonwealth  at  large,  or  in  any  dis- 
trict, the  number  of  persons  nominated  by  nomination  papers 
equals  or  exceeds  three  times  the  number  to  be  elected  delegates 
as  provided  by  section  two,  a  non-partisan  primary  shall  be  held 
in  the  commonwealth,  or  in  such  district,  on  the  first  Tuesday 
of  April  in  the  year  nineteen  hundred  and  seventeen.  At  such 
primary,  twice  the  number  of  persons  to  be  elected  delegates 
shall  be  chosen  from  those  nominated  by  nomination  papers,  and 
those  so  chosen  shall  be  deemed  nominated  as  candidates  for 
delegate,  and  their  names  only  shall  appear  on  the  ballot  at  said 
special  election.  The  provisions  of  section  five  of  this  act  shall, 
so  far  as  is  consistent  herewith,  apply  to  the  primaries  provided 
for  by  this  section. 

SECTION  5.  At  the  special  election  to  be  held  under  the  pro- 
visions of  section  one,  every  person  then  entitled  to  vote  for 
state  officers  shall  have  the  right  to  vote  for  sixteen  delegates  at 
large,  for  four  delegates  from  his  congressional  district,  and  for 
the  number  of  delegates  from  his  representative  district  to  which 
that  district  is  entitled  under  the  provisions  of  section  two.  The 
number  of  delegates  of  each  class  for  which  the  voter  has  the 
right  to  vote  shall  appear  on  the  official  ballot.  No  party  or 
political  designation  shall  appear  on  said  ballot. 

SECTION  6.  The  persons  elected  delegates  shall  meet  in  con- 
vention in  the  state  house,  in  Boston,  on  the  first  Wednesday  in 
June  in  the  year  nineteen  hundred  and  seventeen.  They  shall  be 
the  judges  of  the  returns  and  election  of  their  own  members, 
and  may  adjourn  from  time  to  time;  and  one  hundred  and  sixty- 
one  of  the  persons  elected  shall  constitute  a  quorum  for  the 
transaction  of  business.  They  shall  be  called  to  order  by  the 
governor,  and  shall  proceed  to  organize  themselves  in  convention, 
by  choosing  a  president  and  such  other  officers  and  such  com- 
mittees as  they  may  deem  expedient,  and  by  establishing  rules 
of  procedure;  and  when  organized,  they  may  take  into  consider- 
ation the  propriety  and  expediency  of  revising  the  present  con- 
stitution of  the  commonwealth,  or  making  alterations  or  amend- 
ments thereof.  Any  such  revision,  alterations  or  amendments, 
when  made  and  adopted  by  the  said  convention,  shall  be 
submitted  to  the  people  for  their  ratification  and  adoption,  in 
such  manner  as  the  convention  shall  direct;  and  if  ratified  and 
adopted  by  the  people  in  the  manner  directed  by  the  convention, 
the  constitution  shall  be  deemed  and  taken  to  be  revised,  altered 
or  amended  accordingly;  and  if  not  so  ratified  and  adopted  the 


CHAPTER    98,    GENERAL    ACTS,    1916. 

present  constitution  shall  be  and  remain  the  constitution  of  the 
commonwealth. 

SECTION  7.  The  convention  shall  be  provided  by  the  sergeant- 
at-arms,  at  the  expense  of  the  commonwealth,  with  suitable 
quarters  and  facilities  for  exercising  its  functions.  It  shall  estab- 
lish the  compensation  of  its  officers  and  members,  which  shall 
not  exceed  seven  hundred  and  fifty  dollars  for  each  member  of 
the  convention  as  such.  It  shall,  subject  to  the  approval  of  the 
governor  and  council,  provide  for  such  other  expenses  of  its  ses- 
sion as  it  shall  deem  expedient,  and  may  cause  to  be  prepared  and 
issued  a  statement  briefly  setting  forth  such  arguments  as  the 
convention  may  see  fit  relative  to  any  revision,  alteration  or 
amendment  of  the  constitution  adopted  by  it,  or  any  part  thereof. 
The  members  of  the  convention  shall  receive  the  mileage  speci- 
fied in  section  eight  of  chapter  three  of  the  Revised  Laws,  as 
amended  by  chapter  six  hundred  and  seventy-six  of  the  acts  of 
the  year  nineteen  hundred  and  eleven.  The  governor,  with  the 
advice  and  consent  of  the  council,  is  authorized  to  draw  his  war- 
rant on  the  treasury  for  any  of  the  foregoing  expenses. 

SECTION  8.  The  secretary  of  the  commonwealth  is  hereby 
directed  to  transmit  forthwith  printed  copies  of  this  act  to  the 
selectmen  of  each  town  and  the  mayor  of  each  city  within  the 
commonwealth;  and  whenever  the  governor  shall  issue  his  proc- 
lamation, calling  upon  the  people  to  elect  delegates,  the  secre- 
tary shall  also,  immediately  thereafter,  transmit  printed  copies 
of  said  proclamation,  attested  by  him,  to  the  selectmen  and 
mayors. 

SECTION  9.  All  laws  relating  to  nominations  and  nomination 
papers,  and  to  primaries,  elections  and  corrupt  practices  therein, 
shall,  so  far  as  is  consistent  herewith,  apply  to  the  nomination 
of  candidates  for  delegate  to  the  convention,  and  to  the  prima- 
ries and  special  election  provided  for  by  this  act. 


JOURNAL  OF  THE  CONVENTION. 


Pursuant  to  the  provisions  of  chapter  98  of  the  General  Acts  Constitutional 
of  the  General  Court  of  1916,  entitled  "An  Act  to  ascertain 
and  carry  out  the  will  of  the  people  relative  to  the  calling  and  delegates. 
holding  of  a  Constitutional  Convention",  approved  April  3,  1916 
(the  same  having  received  a  majority  vote  at  the  annual  state 
election,  November  7,  1916),  the  persons  chosen  at  an  election 
held  on  the  first  Tuesday  of  May  in  the  year  1917  as  delegates 
to  said  Convention  assembled  at  the  State  House,  in  the  chamber 
of  the  House  of  Representatives,  on  the  first  Wednesday  of  June 
following,  being  the  sixth  day  thereof. 

And  at  eleven  o'clock  A.M.  His  Excellency  Samuel  W.  McCall, 
Governor  of  the  Commonwealth,  entered  the  Representatives' 
Chamber,  escorted  by  the  Sergeant-at-Arms  of  the  General  Court, 
and  accompanied  by  his  Honor  Calvin  Coolidge,  Lieutenant- 
Governor  of  the  Commonwealth,  and  by  members  of  the  Coun- 
cil and  the  Staff. 

His  Excellency  immediately  called   the   Convention  to  order;  Convention 
and,   at   His   Excellency's   request,    prayer   was   offered   by   the  callec 
Right  Reverend  William  Lawrence,  D.D.,  of  Boston,  Bishop  of 
Massachusetts  (Episcopal). 

His  Excellency  then  addressed  the  members  in  relation  to  the 
Convention  and  to  their  duties. 

Call  of  the  Roll. 

Mr.  Barnes  of  Mansfield  then  offered  the  following  order:  — 

Ordered,    That  the  Secretary  of  the  Commonwealth  call  the  Caiiofthe 
roll  of  the  persons  whose  certificates  of  election  have  been  re- 
turned  to  his  office  as  the  duly  elected  delegates  to  this  Con- 
vention, in  order  to  ascertain  if  a  quorum  is  present. 

The  order  was  adopted;  and  the  roll  of  the  Convention  was 
called  by  Hon.  Albert  P.  Langtry,  Secretary  of  the  Common- 
wealth. 

Three  hundred  and  twelve  delegates  answered  to  their  names; 
and  His  Excellency  declared  a  quorum  present. 

Qualification  of  Members. 

On  motion  of  Mr.  Creamer  of  Lynn,  — 

Voted,   That  oaths  of  qualification  be  administered  to  the  mem-  Oaths  of 
bers  of  the  Convention.  qualification. 

His  Excellency  then  administered  the  following  oaths:  — 

I,  (name),  do  solemnly  swear  that  I  will  bear  true  faith  and 
allegiance  to  The  Commonwealth  of  Massachusetts,  and  will  sup- 
port the  Constitution  thereof.  So  help  me,  God. 

I,  (name),  do  solemnly  swear  and  affirm  that  I  will  faithfully 
and  impartially  discharge  and  perform  all  the  duties  incumbent 


.  OF  THE   CONVENTION, 


on  me  as  a  delegate  to  the  Constitutional  Convention  authorized 
by  chapter  98  of  the  General  Acts  of  1916,  according  to  the  best 
of  my  abilities  and  understanding,  agreeably  to  the  rules  and 
regulations  of  the  Constitution  and  laws  of  the  Commonwealth. 
So  help  me,  God. 

I,  (name),  do  solemnly  swear  that  I  will  support  the  Constitu- 
tion of  the  United  States. 

List  of  qualified      These    oaths    were    taken    and   subscribed    by    the   following- 
named  delegates :  — 

DELEGATES  AT  LAEGE. 


John  W.  Cummings  of  Fall  River. 
David  I.  Walsh  of  Fitchburg. 
Charles  Francis  Adams  of  Concord. 
Joseph  C.  Pelletier  of  Boston. 
Sherman  L.  Whipple  of  Brookline. 
John  L.  Bates  of  Brookline. 
Matthew  Hale  of  Boston. 
Josiah  Quincy  of  Boston. 


George  W.  Coleman  of  Boston. 
George  W.  Anderson  of  Brookline. 
Edwin  U.  Curtis  of  Boston. 
Joseph  Walker  of  Brookline. 
Daniel  R.  Donovan  of  Springfield. 
Louis  A.  Coolidge  of  Milton. 
James  T.  Moriarty  of  Boston. 
Charles  F.  Choate,  Jr.,  of  Southborough. 


FROM  CONGRESSIONAL  DISTRICTS. 


District  1. 

Nathan  P.  Avery  of  Holyoke. 
Charles  E.  Hibbard  of  Pittsfield. 
Dana  Malone  of  Greenfield. 
Harry  B.  Putnam  of  Westfield. 

District  2. 

Henry  H.  Bosworth  of  Springfield. 
Scott  Adams  of  Springfield. 
William  H.  Feiker  of  Northampton. 
George  B.  Churchill  of  Amherst. 

District  8. 

Arthur  H.  Lowe  of  Fitchburg. 
Herbert  Parker  of  Lancaster. 
Herbert  E.  Cummings  of  N.  Brookfield. 
Telesphore  Leboeuf  of  Webster. 

District  4. 

Charles  G.  Washburn  of  Worcester. 
James  Logan  of  Worcester. 
Charles  T.  Tatman  of  Worcester. 
Zelotes  W.  Coombs  of  Worcester. 

•    District  5. 

Hamlet  S.  Greenwood  of  Lowell. 
Edward  Fisher  of  Westford. 
Chester  W.  Clark  of  Wilmington. 
John  W.  Daly  of  Lowell. 

District  6. 

Charles  O.  Bailey  of  Newbury. 
Willfred  W.  Lufkin  of  Essex. 
Samuel  W.  George  of  Haverhill. 
Edmund  G.  Sullivan  of  Salem. 

District  7. 

Walter  H.  Creamer  of  Lynn. 
Michael  A.  Sullivan  of  Lawrence. 
James  A.  Donovan  of  Lawrence. 
Ralph  S.  Bauer  of  Lynn. 

District  8. 

Everett  C.  Benton  of  Belmqnt. 
Harry  N.  Stearns  of  Cambridge. 
Albert  Bushnell  Hart  of  Cambridge. 
John  Q.  A.  Brackett  of  Arlington. 


District  9. 

Charles  Bruce  of  Everett. 
Arthur  B.  Curtis  of  Revere. 
Charles  L.  Underbill  of  Somerville. 
Elbridge  G.  Davis  of  Maiden. 

District  10. 

James  H.  Brennan  of  Boston. 
Joseph  J.  Murley  of  Boston. 
Thomas  F.  Donovan  of  Boston. 
James  E.  Maguire  of  Boston. 

District  11. 

Daniel  W.  Lane  of  Boston. 
Francis  J.  Horgan  of  Boston. 
Francis  R.  Bangs  of  Boston. 
John  A.  Keliher  of  Boston. 

District  12. 

Patrick  Bowen  of  Boston. 
James  F.  Creed  of  Boston. 
Joseph  F.  O'Connell  of  Boston. 
Daniel  J.  Gallagher  of  Boston. 

District  13. 
Samuel  L.  Powers  of  Newton. 


Frederick  L.  Anderson  of  Newton. 
Robert  Luce  of  Waltham. 

District  14. 

Asa  P.  French  of  Randolph. 
Louis  F.  R.  Langelier  of  Quincy. 
George  L.  Barnes  of  Weymouth. 
Ezra  W.  Clark  of  Brockton. 

District  15. 

Frederick  S.  Hall  of  Taunton. 
Joseph  Turner  of  Fall  River. 
James  M.  Morton  of  Fall  River. 
Joseph  L.  Sweet  of  Attleboro. 

District  16. 

Charles  Mitchell  of  New  Bedford. 
Elmer  L.  Curtiss  of  Hingham. 
Samuel  Ross  of  New  Bedford. 
Arthur  N.  Harriman  of  New  Bedford. 


Charles  S.  Bird,  Jr.,  of  Walpole  duly  elected;  qualified  September  13. 


WEDNESDAY,  JUNE  6,  1917. 


FROM  REPRESENTATIVE  DISTRICTS. 


First  Barnstdble  District. 
John  D.  W.  Bodfish  of  Barnstable. 

Second  Barnstable  District. 
George  LeRoy  Weekes  of  Harwich. 

Third  Barnstable  District. 
Jerome  S.  Smith  of  Provincetown. 

First  Berkshire  District. 
Isaac  Freeman  Hall  of  North  Adams. 

Second  Berkshire  District. 
George  B.  Waterman  of  Williamstown. 

Third  Berkshire  District. 
Charles  Stoeber  of  Adams. 

Fourth  Berkshire  District. 
Clement  F.  Coogan  of  Pittsfield. 
William  A.  Burns  of  Pittsfield. 
Irving  D.  Ferrey  of  Pittsfield. 

Fifth  Berkshire  District. 
John  M.  Shea  of  Dalton. 

Sixth  Berkshire  District. 
Charles  Giddings  of  Great  Barrington. 

First  Bristol  District. 
Edward  A.  Sweeney  of  Attleboro. 
John  L.  Thompson  of  N.  Attleborough. 

Second  Bristol  District. 
Clarence  A.  Barnes  of  Mansfield. 

Third  Bristol  DiKtrict. 
Louis  Swig  of  Taunton. 

Fourth  Bristol  District. 
Edmund  Bassett  of  Taunton. 

Fifth  Bristol  District. 
Dwight  F.  Lane  of  Dighton. 

Sixth  Bristol  District. 
Herbert  Wing  of  Dartmouth. 

Seventh  Bristol  District. 
George  Walker  of  New  Bedford. 
Joseph  Zo§l  Boucher  of  New  Bedford. 

Eighth  Bristol  District. 
James  P.  Doran  of  New  Bedford. 
William  J.  Bullock  of  New  Bedford. 
Ralph  L.  Theller  of  New  Bedford. 

Ninth  Bristol  District. 
James  Whitehead  of  Fall  River. 
George  H.  Hicks  of  Fall  River. 

Tenth  Bristol  District. 
William  Moran  of  Fall  River. 
Patrick  H.  Harrington  of  Fall  River. 

Eleventh  Bristol  Diftrict. 
Warren  S.  Barker  of  Fall  River. 
William  Cyril  Crossley  of  Fall  River. 
Robert  A.  Dean  of  Fall  River. 

First  Dukt.s  District. 
William  J.  Look  of  Tisbury. 


First  Essex  District. 
Samuel  I.  Collins  of  Amesbury. 

Second  Essex  District. 
Edward  R.  Hale  of  Haverhill. 

Third  Essex  District. 
Hubert  C.  Thompson  of  Haverhill. 

Fourth  Essex  District. 
Charles  H.  Morrill  of  Haverhill. 
George  P.  Webster  of  Haverhill. 

Fifth  Essex  District. 
Archie  N.  Frost  of  Lawrence. 
Albion  G.  Peirce  of  Methuen. 

Sixth  Essex  District. 
John  C.  Twomey  of  Lawrence. 

Seventh  Essex  District. 
James  H.  Derbyshire  of  Lawrence 

Eighth  Essex  District. 
James  P.  Donnelly  of  Lawrence. 

Ninth  Essex  District. 
Nesbit  G.  Gleason  of  Andover. 

Tenth  Essex  District. 
Arthur  Holbrook  Wellman  of  Topsfield. 

Eleventh  Essex  District. 
Charles  P.  Cooney  of  Peabody. 

Twelfth  Essex  District. 
Augustus  J.  Hoitt  of  Lynn. 
Mial  W.  Chase  of  Lynn. 

Thirteenth  Essex  District. 
Frank  P.  Bennett  of  Saugus. 
Rutherford  E.  Smith  of  Lynnfield. 
Elmer  E.  Boyer  of  Lynn. 

Fourteenth  Essex  District. 
Eugene  B.  Fraser  of  Lynn. 
Henry  T.  Lummus  of  Lynn. 
Roy  F.  Bergengren  of  Lynn. 

Fifteenth  Essex  District. 
Charles  D.  C.  Moore  of  Swampscott. 

Sixteenth  Essex  District. 
William  D.  T.  Trefry  of  Marblehead. 

Seventeenth  Essex  District. 
Albert  W.  Batchelder  of  Salem. 

Eighteenth  Essex  District. 
John  P.  O'Connell  of  Salem. 

Nineteenth  Essex  District. 
Edward  Thompson  of  Beverly. 

Twentieth  Essex  District. 
Augustus  P.  Loring  of  Beverly. 

Twenty-first  Essex  District. 
George  Frye  Merrill  of  Gloucester. 

Twenty-second  Essex  District. 
Carl  ton  W.  Wonson  of  Gloucester. 


10 


JOURNAL  OF  THE  CONVENTION, 


Twenty-third  Essex  District. 
Horace  I.  Bartlett  of  Newburyport. 

Twenty-fourth  Essex  District. 
Harold  A.  Besse  of  Newburyport. 

First  Franklin  District. 
Lyman  A.  Crafts  of  Whately. 

Second  Franklin  District. 
Abner  S.  McLaud  of  Greenfield. 

Third  Franklin  District.   . 
Frank  L.  Boyden  of  Deerfield. 

Fourth  Franklin  District. 
Elisha  S.  Hall  of  Orange. 

First  Hampden  District. 
Thomas  W.  Kenefick  of  Palmer. 

Second  Hampden  District. 
Fred  R.  Linke  of  West  Springfield. 
Nelson  Sherburne  of  West  Springfield. 

Third  Hampden  District. 
William  J.  Granfield  of  Springfield. 
John  Mitchell  of  Springfield. 

Fourth  Hampden  District. 
Theodore  W.  Ellis  of  Springfield. 
George  H.  Foss  of  Springfield. 

Fifth  Hampden  District. 
Rufus  H.  Tilton  of  Springfield. 

Sixth  Hampden  District. 
John  L.  Kilbon  of  Springfield. 

Seventh  Hampden  District. 
Samuel  F.  Brown  of  Springfield. 

Eighth  Hampden  District. 
John  D.  O'Connor  of  Chiccpee. 

Ninth  Hampden  District. 
John  S.  Begley  of  Holyoke. 

Tenth  Hampden  District. 
Louis  F.  Delaney  of  Holyoke. 

Eleventh  Hampden  District. 
Daniel  A.  Martin  of  Holyoke. 

Twelfth  Hampden  District. 
Arthur  S.  Kneil  of  Westfield. 

First  Hampshire  District. 
Rufus  H.  Cook  of  Northampton. 

Second  Hampshire  District. 
Frank  E.  Lyman  of  Easthampton. 

Third  Hampshire  District. 
Henry  E.  Gaylord  of  South  Hadley. 

Fourth  Hampshire  District. 
Roland  D.  Sawyer  of  Ware. 

First  Middlesex  District. 
James  T.  Barrett  of  Cambridge. 

Second  Middlesex  District. 
James  F.  Aylward  of  Cambridge.. 
William  R.  Davis  of  Cambridge. 
Charles  J.  Wood  of  Cambridge. 


Third  Middlesex  District. 
John  P.  Good  of  Cambridge. 
Robert  Walcott  of  Cambridge. 
John  T.  Shea  of  Cambridge. 

Fourth  Middlesex  District. 
Guy  M.  Winslow  of  Newton. 
James  A.  Lowell  of  Newton. 
James  P.  Richardson  of  Newton. 

Fifth  Middlesex  District. 
Patrick  S.  Broderick  of  Waltham. 
Francis  E.  Webster  of  Waltham. 

Sixth  Middlesex  District. 
Robert  S.  Corrigan  of  Natick. 

Seventh  Middlesex  District. 
John  M.  Merriam  of  Framingham. 

Eighth  Middlesex  District. 
Edward  Carr  of  Hopkinton. 

Ninth  Middlesex  District. 
Charles  F.  McCarthy  of  Marlborough. 

Tenth  Middlesex  District. 
Frederick  P.  Glazier  of  Hudson. 

Eleventh  Middlesex  District. 
Edward  J.  Robbins  of  Chelmsford. 

Twelfth  Middlesex  District. 
Edward  A.  Richardson  of  Ayer. 

Thirteenth  Middlesex  District. 
William  Wheeler  of  Concord. 

Fourteenth  Middlesex  District. 
Peter  Daley  of  Lowell. 
Patrick  F.  Nestor  of  Lowell. 

Fifteenth  Middlesex.  District. 
William  H.  Wilson  of  Lowell. 
Smith  J.  Adams  of  Lowell. 
Henry  V.  Charbonneau  of  Lowell. 

Sixteenth  Middlesex  District. 
John  J.  O'Connell  of  Lowell. 

Seventeenth  Middlesex  District. 
Maurice  A.  Buck  of  Billerica. 

Eighteenth  Middlesex  District. 
Charles  P.  Howard  of  Reading. 
Arthur  N.  Newhall  of  Stoneham. 

Nineteenth  Middlesex  District. 
Raymond  P.  Dellinger  of  Wakefield. 

Twentieth  Middlesex  District. 
Thomas  J.  Boynton  of  Everett. 
H.  Huestis  Newton  of  Everett. 

Twenty-first  Middlesex  District. 
Maurice  R.  Flynn  of  Maiden. 
Truman  R.  Hawley  of  Maiden. 
Alexander  Kerr  of  Maiden. 

Twenty-second  Middlesex  District. 
George  R.  Jones  of  Melrose. 

Twenty-third  Middlesex  District. 
Francis  P.  Garland  of  Somerville. 
Henry  C.  Brine  of  Somerville. 
Leonard  B.  Chandler  of  Somerville. 


WEDNESDAY,  JUNE  6,  1917. 


11 


Twenty-fourth  Middlesex  District. 
J.  Warren  Bailey  of  Somerville. 
J.  Franklin  Knotts  of  Somerville. 
William  J.  Shanahan  of  Somerville. 

Twenty-fifth  Middlesex  District. 
Charles  Frederick  Dutch  of  Winchester. 

Twenty-sixth  Middlesex  District. 
Benjamin  F.  Haines  of  Medford. 
Fred  J.  Burrell  of  Medford. 

Twenty-seventh  Middlesex  District. 
J.  Howell  Crosby  of  Arlington. 

Twenty-eighth  Middlesex  District. 
Robert  P.  Clapp  of  Lexington. 

Twenty-ninth  Middlesex  District. 
George  H.  Dale  of  Watertown. 

First  Nantucket  District. 
Reginald  T.  Fitz-Randolph  of  Nantucket. 

First  Norfolk  District. 
Henry  M.  Hutchings  of  Dedham. 

Second  Norfolk  District. 
James  M.  Codman,  Jr.,  of  Brookline. 
Fred  Homer  Williams  of  Brookline. 

Third  Norfolk  District. 
John  W.  McAnarney  of  Quincy. 
Brooks  Adams  of  Quincy. 
Paul  R.  Blackmur  of  Quincy. 

Fourth  Norfolk  District. 
Lincoln  Bryant  of  Milton. 

Fifth  Norfolk  District. 
Wallace  H.  Bicknell  of  Weymouth. 

Sixth  Norfolk  District. 
Louis  Edwin  Flye  of  Holbrook. 

Seventh  Norfolk  District. 
Timothy  F.  Quinn  of  Sharon. 

Eighth  Norfolk  District. 
George  Franklin  Willett  of  Norwood. 

Ninth  Norfolk  District. 
Albert  E.  Pillsbury  of  Wellesley. 

Tenth  Norfolk  District. 
Orestes  T.  Doe  of  Franklin. 

First  Plymouth  District. 
Harry  R.  Talbot  of  Plymouth. 

Second  Plymouth  District. 
Ernest  H.  Sparrell  of  Norwell. 

Third  Plymouth  District. 
Walter  L.  Bouve  of  Hingham. 

Fourth  Plymouth  District. 
George  W.  Kelley  of  Rockland. 

Fifth  Plymouth  District. 
Clarence  W.  Harding  of  Whitman. 


Sixth  Plymouth  District. 
Robert  T.  Delano  of  Wareham. 

Seventh  Plymouth  District. 
Albert  H.  Washburn  of  Middleborough. 

Eighth  Plymouth  District. 
Edward  A.  MacMaster  of  Bridgewater. 

Ninth  Plymouth  District. 
Patrick  Peterson  of  Brockton. 

Tenth  Plymouth  District. 


E.  Gerry  Brown  of  Brockton. 

Eleventh  Plymouth  District. 
A.  Webster  Butler  of  Brockton. 

First  Suffolk  District. 
Thomas  R.  Kelley  of  Boston. 
Christopher  A.  Sheehan  of  Boston. 

Second  Suffolk  District. 
William  J.  Sullivan  of  Boston. 
John  J.  Douglass  of  Boston. 

Third  Suffolk  District. 
Thomas  H.  Green  of  Boston. 
James  J.  Brennan  of  Boston. 

Fourth  Suffolk  District. 
John  J.  Mahoney  of  Boston. 


Fifth  Suffolk  District. 
Martin  M.  Lomasney  of  Boston. 
Alfred  P.  Scigliano  of  Boston. 
David  Mancovitz  of  Boston. 

Sixth  Suffolk  District. 
Timothy  F.  Callahan  of  Boston. 
John  A.  Donoghue  of  Boston. 
John  J.  Gartland  of  Boston. 

Seventh  Suffolk  District. 
Guy  W.  Cox  of  Boston. 
David  T.  Montague  of  Boston. 
William  S.  Kinney  of  Boston. 

Eighth  Suffolk  District. 
Charles  P.  Curtis,  Jr.,  of  Boston. 
Henry  Parkman  of  Boston. 

Ninth  Suffolk  District. 
William  Flaherty  of  Boston. 
Martin  L.  Martin  of  Boston. 

Tenth  Suffolk  District. 
Daniel  V.  Mclsaac  of  Boston. 
Robert  E.  Bigney  of  Boston. 

Eleventh  Suffolk  District. 
John  W.  McCprmack  of  Boston. 
Michael  J.  Reidy  of  Boston. 

Twelfth  Suffolk  District. 
John  J.  Mansfield  of  Boston. 
Herbert  A.  Kenny  of  Boston. 


*  Walter  F.  Russell  of  Brockton  duly  elected.    Died  June  22, 1917. 

t  James  J.  Mullen,  Jr.,  of  Boston,  and  Joseph  M.  Sullivan,  of  Boston,  received  the  same  number 
of  votes.    Mr.  Sullivan  declared  entitled  to -the  seat,  June  26;  qualified  July  10. 


12 


JOURNAL  OF  THE  CONVENTION, 


Thirteenth  Suffolk  District. 
John  H.  Craven  of  Boston. 
Timothy  J.  Driscoll  of  Boston. 

Fourteenth  Suffolk  District. 
Francis  M.  Costello  of  Boston. 
William  H.  Sullivan  of  Boston. 

Fifteenth  Suffolk  District. 
Luke  L.  Kelly  of  Boston. 
George  H.  McCaffrey,  Jr.,  of  Boston. 

Sixteenth  Suffolk  District. 
David  Stoneman  of  Boston. 
John  Ballantyne  of  Boston. 

Seventeenth  Suffolk  District. 
Dennis  D.  Driscoll  of  Boston. 
William  J.  Coughlan  of  Boston. 

Eighteenth  Suffolk  District. 
John  F.  Myron  of  Boston. 
James  J.  Moynihan  of  Boston. 

Nineteenth  Suffolk  District. 
John  F.  Cusick  of  Boston. 
Sanford  Bates  of  Boston. 
Joseph  Michelman  of  Boston. 

Twentieth  Suffolk  District. 
E.  Philip  Finn  of  Chelsea. 

Twenty-first  Suffolk  District. 
Eugene  P.  Whittier  of  Winthrop. 

Twenty-second  Suffolk  District. 
Joseph  J.  Leonard  of  Boston. 
John  Graumann  of  Boston. 
Francis  N.  Balch  of  Boston. 

Twenty-third  Suffolk  District. 
John  L.  Murphy  of  Chelsea. 

Twenty-fourth  Suffolk  District. 
George  S.  Parker  of  Boston. 
Augustus  W.  Perry  of  Boston. 
Percy  G.  Bolster  of  Boston. 

Twenty-fifth  Suffolk  District. 
William  S.  Youngman  of  Boston. 

Twenty-sixth  Suffolk  District. 
Daniel  H.  Coakley  of  Boston. 

Twenty-seventh  Suffolk  District. 
Michael  F.  Shaw  of  Revere. 

First  Worcester  District. 
Andrew  Foster  Hamilton  of  Athol. 

Second  Worcester  District. 
David  R.  Collier  of  Gardner. 
Charles  M.  Day  of  Winchendon. 


Third  Worcester  District. 
John  A.  White  of  North  Brookfield. 

Fourth  Worcester  District. 
George  H.  Robinson  of  Sturbridge. 

Fifth  Worcester  District. 
Louis  O.  Rieutord  of  Southbridge. 

Sixth  Worcester  District. 
Joseph  A.  Love  of  Webster. 

Seventh  Worcester  District. 
Herbert  L.  Ray  of  Sutton. 

Eighth  Worcester  District. 
James  R.  Ferry  of  Northbridge. 

Ninth  Worcester  District. 
John  C.  Lynch  of  Milford. 
Joseph  S.  Gates  of  Westborough. 

Tenth  Worcester  District. 
Allan  G.  Buttrick  of  Lancaster. 
Amos  T.  Saunders  of  Clinton. 

Eleventh  Worcester  District. 
Edward  H.  Nutting  of  Leominster. 
Frank  S.  Farnsworth  of  Leominster. 

Twelfth  Worcester  District. 
Benjamin  A.  Cook  of  Fitchburg. 
Henry  H.  Wheelock  of  Fitchburg. 

Thirteenth  Worcester  District. 
Clarence  W.  Hobbs,  Jr.,  of  Worcester. 

Fourteenth  Worcester  District. 
Josiah  B.  Shattuck  of  Worcester. 

Fifteenth  Worcester  District. 


Sixteenth  Worcester  District. 
Mark  N.  Skerrett  of  Worcester. 

Seventeenth  Worcester  District. 
Francis  P.  McKeon  of  Worcester. 

Eighteenth  Worcester  District. 
Charles  G.  Larson  of  Worcester. 

Nineteenth  Worcester  District. 
S.  Hamilton  Coe  of  Worcester. 

Twentieth  Worcester  District. 
Charles  R.  Johnson  of  Worcester. 

Twenty-first  Worcester  District. 
George  F.  Brooks  of  Worcester. 

Twenty-second  Worcester  District. 
Frank  F.  Dresser  of  Worcester. 


Communication 
from  Patrick 
H.  Jennings  of 
Boston. 


Claim  for  a  Seat  in  the  Convention. 

Mr.  Moriarty  of  Boston  presented  a  communication  from  Pat- 
rick H.  Jennings  of  Boston,  by  his  attorney,  claiming  election  as 
a  delegate  at  large,  and  requesting  that  the  Convention  examine, 
count  and  tabulate  all  ballots  cast  for  delegates  at  large. 


*  Daniel  J.  Marshall  of  Worcester  duly  elected;  qualified  June  11. 


WEDNESDAY,  JUNE  6,   1917.  13 

The  communication  was  read  by  the  Secretary  of  the  Common- 
wealth, and  His  Excellency  stated  that  it  would  be  placed  on  file 
for  subsequent  consideration. 

Election  of  a  Secretary. 

Mr.  Underbill  of  Somerville  then  moved  that  the  Convention  Election  of 
proceed  to  the  election  of  a  Secretary,  and  that  Mr.  James  W. 
Kimball  of  Swampscott  be  elected  to  that  office  by  acclamation,  tion. 

The  motion  was  unanimously  adopted,  and  His  Excellency 
declared  that  Mr.  Kimball  had  been  duly  elected  Secretary  #f 
the  Convention. 

His  Excellency  appointed  Mr.  Underhill  and  Messrs.  Bailey 
of  Newbury  and  Creamer  of  Lynn  a  committee  to  notify  Mr. 
Kimball  of  his  election,  and  to  conduct  him  into  the  presence  of 
the  Convention. 

Oaths  of  qualification  were  then  administered  by  His  Excel- 
lency, and  were  taken  and  subscribed  by  Mr.  Kimball;  and  the 
Secretary  entered  upon  the  duties  of  his  office. 

Election  of  a  President. 

Mr.  Williams  of  Brookline  moved  that  the  Convention  proceed 
to  the  election  by  ballot  of  a  President  of  the  Convention,  and  theConven- 
that  the  Chair  appoint  a  committee  to  receive,  sort  and  count  tl( 
the  votes. 

Mr.  Quincy  of  Boston  moved  that  the  motion  be  amended  by 
substituting  therefor  the  following:  — 

Voted,  That  the  Convention  now  proceed  to  the  election  of  its 
permanent  president  in  the  following  manner,  viz :  —  Nomina- 
tions and  speeches  in  support  of  candidates  nominated  to  be  first 
in  order,  and  when  there  are  no  more  nominations  or  nominating 
speeches  to  be  made  the  Convention  to  proceed  to  the  choice  of 
its  permanent  president  by  the  calling  of  the  roll  of  members  of 
the  Convention,  each  member  who  is  present  naming  his  choice 
for  president  when  his  name  is  called,  and  any  candidate  thus 
receiving  a  majority  of  all  the  votes  cast  to  be  declared  elected 
President  of  the  Convention. 

Mr.  Hart  of  Cambridge  moved  that  the  question  on  the  amend- 
ment moved  by  Mr.  Quincy  be  determined  by  a  call  of  the  yeas 
and  nays.  After  debate  this  motion  was  adopted,  by  a  vote  of 
192  to  74. 

Accordingly  the  roll  was  called;  and  the  amendment  was 
adopted,  by  a  vote  of  290  yeas  to  24  nays,  as  follows :  — 

YEAS.* 

Messrs.  Adams,  Brooks  Messrs.  Bailey,  J.  Warren 

Adams,  Charles  Francis  Barker,  Warren  S. 

Adams,  Scott  Barnes,  Clarence  A. 

Adams,  Smith  J.  Barnes,  George  L. 

Anderson,  Frederick  L.  Barrett,  James  T. 

Anderson,  George  W.  Bassett,  Edmund 

Avery,  Nathan  P.  Batchelder,  Albert  W. 

Aylward,  James  F.  Bates,  John  L. 

*  See  "  Questions  of  Privilege  "  on  page  33. 


14 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
BickneJl,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve*,  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
.  Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Cusick,  John  F. 
Dale,  George  H. 


Messrs.  Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Ellis,  Theodore  W. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 


WEDNESDAY,  JUNE  6,  1917. 


Messrs.  Horgan,  Francis  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny, .  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Malone,  Dana 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Daniel  A. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCaffrey,  George  H.,  Jr. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 


Messrs.  O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 


16  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Wheelock,  Henry  H.  Messrs.  Willett,  George  Franklin 

Whipple,  Sherman  L.  Wing,  Herbert 

White,  John  A.  Winslow,  Guy  M. 

Whitehead,  James  Wood,  Charles  J. 

Whittier,  Eugene  P.  Youngman,  William  S. 

NAYS. 

Messrs.  Bailey,  Charles  O.  Messrs.  Curtiss,  Elmer  L. 

Balch,  Francis  N.  George,  Samuel  W. 

Ballantyne,  John  Luce,  Robert 

Bangs,  Francis  R.  Montague,  David  T. 

Bartlett,  Horace  I.  Morton,  James  M. 

Benton,  Everett  C.  PUlsbury,  Albert  E. 

Besse,  Harold  A.  Richardson,  James  P. 

Brown,  E.  Gerry  Sweet,  Joseph  L. 

Buttrick,  Allan  G.  Underbill,  Charles  L. 

Clark,  Chester  W.  Waterman,  George  B. 

Codman,  James  M.,  Jr.  Williams,  Fred  Homer 

Curtis,  Charles  P.,  Jr.  Wilson,  William  H. 

290  yeas;  24  nays. 

The   motion   of    Mr.   Williams,   as    thus   amended,   was   then 
adopted. 

Nominating  ]y[r>   William  H.   Sullivan  of  Boston  moved  that  nominating 

speeches  be  limited  to  five  minutes  each;  and  this  motion  was 
adopted. 

After  nominations  had  been  made  and  seconded  the  roll  was 
called,   and  the  following-named   delegates   voted  for  John   L. 
•  Bates  of  Brookline:  — 

Messrs.  Adams,  Charles  Francis  Messrs.  Buttrick,  Allan  G. 

Adams,  Scott  Chandler,  Leonard  B. 

Avery,  Nathan  P.  Chase,  Mial  W. 

Bailey,  Charles  O.  Choate,  Charles  F.,  Jr. 

Bailey,  J.  Warren  Churchill,  George  B. 

Balch,  Francis  N.  Clapp,  Robert  P. 

Ballantyne,  John  Clark,  Chester  W. 

Bangs,  Francis  R.  Clark,  Ezra  W. 

Barker,  Warren  S.  Codman,  James  M.,  Jr. 

Barnes,  Clarence  A.  Coe,  S.  Hamilton 

Barnes,  George  L.  Collier,  David  R. 

Bartlett,  Horace  I.  Collins,  Samuel  I. 

Bassett,  Edmund  Coogan,  Clement  F. 

Bates,  Sanford  Cook,  Benjamin  A. 

Benton,  Everett  C.  Cook,  Rufus  H. 

Besse,  Harold  A.  Coolidge,  Louis  A. 

Blackmur,  Paul  R.  Coombs,  Zelotes  W. 

Bodfish,  John  D.  W.  Cox,  Guy  W. 

Bolster,  Percy  G.  Crafts,  Lyman  A. 

Bosworth,  Henry  H.  Crosby,  J.  Ho  well 

Bouve",  Walter  L.  Crossley,  William  Cyril 

Boyden,  Frank  L.  Cummings,  Herbert  E. 

Boyer,  Elmer  E.  Curtis,  Arthur  B. 

Brackett,  John  Q.  A.  Curtis,  Charles  P.,  Jr. 

Brooks,  George  F.  Curtis,  Edwin  U. 

Brown,  Samuel  F.  Curtiss,  Elmer  L. 

Bruce,  Charles  Dale,  George  H. 

Bryant,  Lincoln  Davis,  Elbridge  G. 

Buck,  Maurice  A.  Davis,  William  R. 

Bullock,  William  J.  Delano,  Robert  T. 

Burns,  William  A.  Dellinger,  Raymond  P. 

Burrell,  Fred  J.  Derbyshire,  James  H. 


WEDNESDAY,  JUNE  6,  1917. 


17 


Messrs.  Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Ellis,  Theodore  W. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Graumann,  John 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
M  alone,  Dana 
McAnarney,  John  W. 


Messrs.  Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Wheelock,  Henry  H. 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


The  following-named  delegates  voted  for  Sherman  L.  Whipple 
of  Brookline :  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 


Messrs.  Anderson,  George  W. 
Aylward,  James  F. 
Barrett,  James  T. 


*  See  "  Questions  of  Privilege  "  on  page  33. 


18 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boyntpn,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Charbonneau,  Henry  V. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 


Messrs.  Kenny,  Herbert  A. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Daniel  A. 
Martin,  Martin  L. 
McCaffrey,  George  H.,  Jr. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pellet ier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


WEDNESDAY,    JUNE   6,    1917.  19 

The  following-named  delegates  voted  for  John  W.  Cummings 
of  Fall  River:  — 

Mr.  Francis  J.  Horgan.  Mr.  William  Moran. 

The  following-named  delegate  voted  for  Martin  M.  Lomasney  . 
of  Boston :  — 

Mr.  E.  Gerry  Brown. 

The  following-named  delegate  voted  for  Brooks  Adams  of 
Quincy :  — 

Mr.  Roland  D.  Sawyer. 

His  Excellency  then  announced  the  result  of  the  vote  as 
follows :  — 

Whole  number  of  votes,  .          .          .          .          .          .312 

Necessary  for  a  choice,  .......     157 

Brooks  Adams  of  Quincy  had  ......  1 

Martin  M.  Lomasney  of  Boston  had          ....  1 

John  W.  Cummings  of  Fall  River  had        .          .          .          .2 

Sherman  L.  Whipple  of  Brookline  had       ....  132 

John  L.  Bates  of  Brookline  had         .....  176 

And  declared  Honorable  John  L.  Bates  of  Brookline  elected 
President  of  the  Convention. 

Mr.  Whipple  of  Brookline  moved  that  the  election  of  Mr. 
Bates  be  made  unanimous;  and  this  motion  was  adopted. 

His  Excellency  then  appointed  Mr.  Whipple  and  Messrs. 
Brackett  of  Arlington  and  Walsh  of  Fitchburg  a  committee  to 
notify  the  President  of  his  election,  and  to  conduct  him  to  the 
chair. 

Upon  being  presented  to  the  Convention  by  His  Excellency 
the  President  spoke  as  follows :  — 

GENTLEMEN  OF  THE  CONVENTION:    I  thank  you  for  the  con-  Remarks  by 
fidence  you  have  shown  and  for  the  high  honor  you  have  con-  the  President, 
ferred  upon  me.     To  serve  as  your  presiding  officer  is  a  great 
privilege  that  brings  with  it  a  correspondingly  great  duty.     A 
full  heart  prompts  me  to  say  that  it  shall  be  my  only  purpose 
to  so  discharge   that  duty  that  your  confidence  may  be  fully 
justified.     Without  your  hearty  support  I  can  not  hope  to  suc- 
ceed.    May  all  the  differences  that  have  attended  the  organiza- 
tion of  this  Convention  in  the  deep  ocean  of  oblivion  be  buried, 
and  may  the  President  have  your  united,  helpful  co-operation. 

The  people  have  entrusted  to  us  a  great  work,  and  we  are 
here,  in  the  language  of  the  statute,  to  "take  into  consideration 
the  propriety  and  expediency  of  revising  the  present  Constitu- 
tion of  the  Commonwealth,  or  making  alterations  or  amendments 
thereof." 

When  the  act  was  accepted  by  the  people  last  November,  in 
accordance  with  which  we  are  now  met,  a  large  portion  of  the 
world  was  in  a  state  of  war.  Since  then  our  country  has  become 
involved  in  the  great  struggle.  Yesterday  our  young  men  were 


20  JOURNAL   OF  THP:   CONVENTION, 

numbered  and  registered  that  they  might  be  called  into  the  mili- 
tary service  of  the  nation.  The  greatest  war  in  the  history  of 
the  human  race  is  being  waged.  Out  of  the  confusion  of  its 
origin,  and  despite  the  proposals  and  ambitions  of  kings  and 
men,  it  is  each  day  becoming  more  clear  that  all  humanity  is 
divided  into  two  great  camps,  and  that  by  far  the  larger  pro- 
portion fight  shoulder  to  shoulder  with  us,  not  to  change  the 
boundaries  of  nations,  not  for  conquest  nor  for  spoils,  but  to 
down  absolutism,  to  overthrow  autocracy,  and  in  its  place  to 
set  up  a  genuine  government  of  the  people,  to  the  end  that  "the 
world  may  be  made  safe  for  democracy."  There  is  therefore  a 
most  interesting  relationship  between  the  world  war  and  the 
work  for  which  we  are  met. 

The  Constitution  of  Massachusetts  was  "the  first  written  Con- 
stitution in  which  the  people  appear  at  once  as  author  of  the 
government  and  subject  of  its  laws."  Adopted  in  1780,  it  be- 
came the  model  of  all  that  have  followed.  When  adopted,  no 
nation  had  a  written  constitution.  To-day  there  is  hardly  any 
without  one,  and  in  them  all,  whether  it  be  the  constitution  of 
a  state  in  North  or  South  America,  in  Europe  or  in  Asia,  one 
will  find  incorporated  some  of  the  principles  that  were  first 
clearly  enunciated  in  the  Constitution  of  Massachusetts,  and 
oftentimes  one  finds  a  wording  so  similar  as  to  show  conclusively 
that  the  Constitution  adopted  by  Massachusetts  in  1780  has 
been  one  of  the  greatest  factors  in  changing  the  form  of  the 
government  of  humanity  to  that  of  a  representative,  constitu- 
tional democracy,  under  which  the  liberties  of  men  have  been 
secure  and  their  progress  unparalleled.  It  is  the  Massachusetts 
idea  of  democracy,  then,  that  is  the  center  of  the  world  storm 
to-day,  and  may  God  grant  that  that  idea,  triumphant  through- 
out the  world,  may  soon  usher  in  an  epoch  of  peace  and  liberty 
and  good  will  for  all  the  peoples  of  the  earth.  In  these  mo- 
mentous times,  then,  let  us  approach  our  task  with  a  view  to 
help  on  the  cause  of  democracy  through  constitutional  govern- 
ment. 

We  have  not  been  elected  as  representative  of  any  political 
faction,  and  approach  the  work  with  our  minds  free  from  any 
partisan  prejudice.  Let  us  not  unduly  delay  on  matters  of  mere 
procedure.  May  it  not  be  with  us  "as  with  men  whom  small 
things  move,"  but  let  us  deliberate  and  argue  fully  the  great 
things,  the  fundamentals,  to  the  end  that  when  our  work  is  fin- 
ished we  shall  in  no  way  have  impaired  or  weakened  the  great 
principles  from  which  our  strength  has  been  derived,  but  rather, 
so  far  as  found  necessary,  shall  have  increased  their  breadth  and 
scope  so  as  to  adapt  them  more  fully  to  the  conditions  of  the 
present  age,  and  the  future  progress  of  the  state. 

We  are  here  for  Massachusetts,  and  may  all  we  do  contribute 
to  her  prosperity,  her  security,  her  advancement,  her  strength 
and  her  honor. 

At  the  conclusion  of  the  President's  remarks  His  Excellency 
the  Governor,  His  Honor  the  Lieutenant-Governor  and  other 
guests  withdrew,  under  escort  of  the  Sergeant-at-Arms  of  the 
General  Court. 


WEDNESDAY,  JUNE  6,   1917.  21 


Committee  on  Rules  and  Procedure. 

Mr.  Luce  of  Waltham  offered  the  following  order,  which  was 
adopted:  — 

Ordered,  That  a  committee   on  Rules  and  Procedure  be  ap-  Committee  on 
pointed  by  the  President,  the  same  to  consist  of  the  President  £du?eand  Pr°~ 
and  eighteen  other  delegates,  which  committee  shall  consider  and 
report   as   to   the   best  method  of  proceeding  to  revise,  alter  or 
amend  the  Constitution,  and  shall  report  rules  and  orders  for 
the  government  of  the  Convention;  and  that,  in  the  mean  time, 
the  rules  of  the  House  of  Representatives,  as  far  as  they  are 
applicable,  be  observed  as  the  rules  of  the  Convention. 

Subsequently  the  President  appointed  Messrs.  Luce  of  Wal- 
tham, Whipple  of  Brookline,  Parker  of  Lancaster,  Walsh  of 
Fitchburg,  Pillsbury  of  Wellesley,  Edwin  U.  Curtis  of  Boston, 
Malone  of  Greenfield,  Walker  of  Brookline,  Powers  of  Newton, 
Boynton  of  Everett,  Williams  of  Brookline,  Hall  of  Taunton, 
Quincy  of  Boston,  Underbill  of  Somerville,  Ross  of  New  Bedford, 
Washburn  of  Worcester,  Pelletier  of  Boston  and  Hibbard  of 
Pittsfield  as  members  of  the  committee. 

Election  of  a  Chaplain. 

Mr.  Lane  of  Boston  moved  that  the  Convention  proceed  to  the  chaplain. 
election  of  a  Chaplain;  and  this  motion  was  adopted. 

Mr.  Lane  then  nominated  Rev.  Edward  A.  Horton,  D.D.,  of 
Boston,  Chaplain  of  the  Senate. 

Mr.  Bennett  of  Saugus  nominated  Rev.  Daniel  W.  Waldron  of 
Boston,  Chaplain  of  the  House  of  Representatives. 

After  debate  Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the 
vote  be  reconsidered  whereby  the  Convention  had  voted  to 
proceed  to  the  election  of  a  Chaplain;  and  this  motion  was 
adopted. 

Pending  the  recurring  question  Mr.  Pelletier  of  Boston  moved 
that  the  President  be  empowered  to  invite  to  serve  as  Chaplain 
such  persons  as  he  may  from  time  to  time  select,  such  persons  to 
serve  without  compensation.  This  motion  was  adopted;  and  the 
recurring  question,  as  thus  amended,  was  adopted. 

Election  of  a  Sergeant-at-Arms. 

Mr.   Bailey  of  Newbury  moved  that  the  Convention  proceed 
to   the   election   of    a   Sergeant-at-Arms;    and   this   motion  was  Arms 
adopted. 

The  same  member  moved  the  election  by  acclamation  of 
Thomas  F.  Pedrick  of  Lynn  as  Sergeant-at-Arms.  This  motion 
was  adopted,  and  Mr.  Pedrick  was  declared  elected  Sergeant-at- 
Arms  of  the  Convention. 

A  communication  from  the  Sergeant-at-Arms,  stating  that,  in 
compliance  with  an  order  of  the  General  Court,  he  had  prepared 
the  legislative  rooms  in  the  State  House  for  the  use  of  the  Con- 
vention, and  had  made  arrangements  in  detail  for  the  comfort  and 
convenience  of  the  delegates,  was  read  and  placed  on  file. 


22 


JOURNAL  OF  THE  CONVENTION, 


Daily  papers. 


Secretary's 
assistants. 


Sergeant-at- 
Arms' 
assistants. 


Next  session. 


Daily  Newspapers. 

Mr.  Sawyer  of  Ware  offered  the  following  order,  which  was 
adopted  by  a  vote  of  114  to  91:  — 

Ordered,  That  the  Sergeant-at-Arms  be  authorized  and  directed 
to  procure,  for  the  use  of  the  members  of  the  Convention,  two 
copies  of  each  of  the  daily  papers  published  in  the  cities  of 
Boston,  Worcester  and  Springfield,  and  one  copy  of  each  of  the 
other  daily  papers  published  within  the  Commonwealth, 

Assistants  for  Secretary  and  Sergeant-at-Arms. 

Mr.  George  of  Haverhill  offered  the  following  order,  which 
was  adopted:  - 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized 
to  appoint  an  assistant  secretary,  and  to  employ  such  other 
assistants  as  may  be  approved  by  the  committee  on  Rules  and 
Procedure. 

Mr.  Kenefick  of  Palmer  offered  the  following  order,  which  was 
adopted:  — 

Ordered,  That  the  Sergeant-at-Arms  be  authorized  to  employ 
such  assistants  as  may  be  approved  by  the  committee  on  Rules 
and  Procedure. 

Adjournment  and  Hour  of  Meeting. 

Mr.  Parker  of  Lancaster  moved  that  the  Convention  adjourn, 
to  meet  on  Monday  next  at  two  o'clock  P.M.;  and  this  motion 
was  adopted.  Accordingly,  at  twenty-five  minutes  after  two 
o'clock,  the  Convention  adjourned. 


MONDAY,  JUNE  11,   1917.  23 


MONDAY,  June  11,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  J.  Franklin  Knotts  of  Somerville,. 
a  member  of  the  Convention. 

Record  of  Proceedings. 

The  Secretary  proceeded  to  read  the  journal  of  the  proceed-  journal  of  thV 
ings  of  Wednesday  last;    whereupon,  on  motion  of  Mr.  Luce  of  Convention. 
Waltham,  — 

Voted,    That  the  reading  of  the  Journal  be  dispensed  with,  un- 
less otherwise  ordered. 

On  motion  of  Mr.  Washburn  of  Worcester,  - 

Ordered,  That  the  reading  of  the  Journal  of  the  Convention  be  id. 
dispensed  with,  unless  it  shall  be  otherwise  ordered;  and  that  the 
Secretary  be  authorized  to  begin  the  daily  printing  of  the  Journal, 
that  one  thousand  copies  be  printed,  and  that  an  attested  copy 
thereof  be  deposited  with  the  Secretary  of  the  Commonwealth  as 
the  Journal  of  the  Convention. 

Qualification  of  a  Member. 

Mr.  Daniel  J.  Marshall  of  Worcester,  member-elect  from  the  Member 
Fifteenth  Worcester  Representative  District,  being  present,  the  Qualified, 
oaths  of  qualification  were   administered  by  the  President  of  the 
Convention,  and  were  duly  taken  and  subscribed  by  Mr.  Marshall. 

Members  of  the  Convention  of  1853. 

On  motion  of  Mr.  Hart  of  Cambridge,  - 

Ordered,  That  all  or  any  surviving  members  of  the  Massachu-  Members  of 
setts  Constitutional  Convention  of  1853  receive  the  freedom  of  the  Convention* 
the  floor  of  this  Convention. 

Assistants  for  Committee  on  Rules  and  Procedure. 

On  motion  of  Mr.  Boynton  of  Everett,  — 

Ordered,    That    the    committee    on    Rules    and    Procedure    be  Committee  on 
authorized  to  employ  such  assistants  as  they  may  deem  to  be  SdSe?-  P' 
necessary,  and  that  the  persons  so  employed  be  required  to  assist  assistants. 
members  of  the  Convention  and  clerks  of  committees  in  the  prep- 
aration of  measures  for  presentation  or  report. 

Convention  Printing. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized  Convention 
to  employ  the  present  contractors  for  the  legislative  printing  to 
do  the  printing  of  the  Convention,  at  the  same  rate  of  compensa- 
tion as  is  fixed  by  the  existing  contract  for  legislative  printing. 


JOURNAL   OF  THE   CONVENTION, 


Monitors  of  the  Convention. 

Monitors.  Mr    Malone  of  Greenfield,  for  the  committee  on  Rules  and 

Procedure,  who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the  adop- 
tion of  the  following  rules:  - 

Two  monitors  shall  be  appointed  for  each  division,  whose 
duty  it  shall  be  to  see  the  due  observance  of  the  rules  and  or- 
ders of  the  Convention,  and  on  demand  of  the  President  to  re- 
turn the  number  of  votes  and  members  in  their  respective  divi- 
sions. 

If  any  member  shall  transgress  any  of  the  rules  or  orders  of 
the  Convention,  and  persist  therein  after  being  notified  thereof 
by  any  monitor,  it  shall  be  the  duty  of  such  monitor  to  give  in- 
formation thereof  to  the  Convention. 

The  report  was  read;  and  it  was  considered  forthwith  under 
a  suspension  of  the  rule,  on  motion  of  Mr.  Malone,  and  was 
accepted.  Accordingly  said  rules  were  adopted. 

W.  Subsequently  the    President    appointed    the    following    Moni- 

tors :  — 

First  Division.  —  Messrs.  Johnson  of  Worcester  and  Creed  of 
Boston. 

Second  Division.  —  Messrs.  Bailey  of  Newbury  and  Moran  of 
Fall  River. 

Third  Division.  —  Messrs.  Youngman  of  Boston  and  Mc- 
Anarney  of  Quincy. 

Fourth  Division.  —  Messrs.  Lowe  of  Fitchburg  and  Coleman  of 
Boston. 

Committees  of  the  Convention. 

S^Cm?  -^r*  kuce  °f  Waltham,  for  the  committee  on  Rules  and  Pre- 

vention, cedure,  who  were  authorized  to  report  rules  and  orders  for  the 

government  of  the  Convention,  reported  recommending  the  adop- 
tion of  the  following  rule:  - 

Standing  committees  shall  be  appointed  as  follows:  — 

A  committee  on  Rules  and  Procedure  (to  consist  of  the  Presi- 
dent, who  shall  be  chairman  of  the  committee,  and  eighteen 
other  members). 

A  committee  on  Bill  of  Rights; 

A  committee  on  The  General  Court; 

A  committee  on  Initiative  and  Referendum; 

A  committee  on  Suffrage; 

A  committee  on  State  Finance; 

A  committee  on  Taxation; 

A  committee  on  Public  Affairs; 

A  committee  on  Social  Welfare; 

A  committee  on  Labor; 

A  committee  on  the  Liquor  Traffic; 

A  committee  on  Social  Insurance; 

A  committee  on  the  Executive; 

A  committee  on  State  Administration; 

A  committee  on  Municipal  Government; 

A  committee  on  County  and  District  Government; 


MONDAY,  JUNE  11,   1917.  25 

A  committee  on  Military  Affairs; 

A  committee  on  the  Judiciary; 

A  committee  on  Judicial  Procedure; 

A  committee  on  Education;  and 

A  committee  on  Amendment  and  Codification  of  the  Constitu- 
tion; 

(Each  to  consist  of  fifteen  members). 

A  committee  on  Elections  (to  consist  of  nine  members). 

A  committee  on  Contingent  Expenses  and  Pay-Roll;   and 

A  committee  on  Form  and  Phraseology; 

(Each  to  consist  of  five  members). 

The  report  was  read;  and  it  was  considered  forthwith  under  a 
suspension  of  the  rule,  on  motion  of  Mr.  Luce. 

Mr.  Brown  of  Brockton  moved  that  the  report  be  amended  by 
the  substitution  of  the  following  order:  - 

Ordered,  That  each  amendment  to  the  Constitution  adopted  by 
this  Convention  be  submitted  separately  from  each  other  amend- 
ment, though  at  the  same  time  with  others,  to  the  people  for 
their  action  thereon. 

The  President  stated  that  the  amendment  was  not  germane  to 
the  matter  before  the  Convention,  and  could  not  be  entertained. 

Mr.  O'Connell  of  Boston  moved  that  the  further  consideration 
of  the  report  be  postponed  until  to-morrow;  and  this  motion 
was  negatived. 

Mr.  Horgan  of  Boston  moved  that  the  report  be  amended  by 
the  substitution  of  the  following:  — 

The  Convention  shall  elect  a  committee  of  fifteen  members, 
to  be  known  as  and  called  the  "Committee  on  Committees." 
This  committee  shall  determine  the  number,  select  the  members 
and  designate  the  chairman  of  all  committees;  provided,  however, 
that  nothing  herein  shall  affect  the  membership  and  duties  of 
the  committee  on  Rules  and  Procedure.  The  President  of  the 
Convention  shall  be  a  member  and  chairman  of  the  Committee  on 
Committees. 

Mr.  Bennett  of  Saugus  moved  that  the  report  be  laid  on  the 
table;  and  this  motion  was  negatived. 

After  debate  Mr.  Horgan  withdrew  the  amendment  moved  by 
him,  there  being  no  objection. 

The  report  of  the  committee  was  then  accepted;  and,  accord- 
ingly, said  rule  was  adopted. 

Manner  of  Appointing  Committees. 

Mr.  Luce  of  Waltham,"  for  the  committee  on  Rules  and  Pro-  Manner  of 
cedure,  who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the  adop- 
tion of  the  following  rule :  — 

Standing  committees  shall  be  appointed  by  the  President, 
and  special  committees  unless  otherwise  directed  by  the  Conven- 
tion, and  the  member  first  named  shall  be  chairman. 

The  report  was  read;  and  it  was  considered  forthwith  under  a 
suspension  of  the  rule,  on  motion  of  Mr.  Luce. 

Mr.  Horgan  of  Boston  moved  that  the  report  be  amended  by 


26 


JOURNAL  OF  THE  CONVENTION, 


inserting  after  the  word  "President,"  the  words  "unless  other- 
wise ordered  by  the  Convention,". 

Mr.  Anderson  of  Brookline  moved  that  the  report  be  amended 
by  inserting  after  the  word  "President,"  the  words  "subject  to 
the  approval  of  the  Convention,". 

After  debate  the  amendments  were  severally  rejected. 

The  report  of  the  committee  was  then  accepted;  and,  accord- 
ingly, said  rule  was  adopted. 


Manner  of 
submitting 
amendments 
to  the  people. 


Submission  of  Amendments  to  the  People. 

Mr.  Brown  of  Brockton  offered  the  following  order:  - 
Ordered,  That  each  amendment  to  the  Constitution  adopted  by 
this  Convention  be  submitted  separately  from  each  other  amend- 
ment, though  at  the  same  time  with  others,  to  the  people  for 
their  action  thereon. 

Mr.  Underhill  of  Somerville  moved  that  the  order  be  laid  on 
the  table;  and  this  motion  was  adopted. 


Assignment 
of  seats. 


Id. 


Assignment  of  Seats. 

On  motion  of  Mr.  Underhill  of  Somerville,  - 

Ordered,  That  a  seat  be  assigned  to  each  member  of  the  Con- 
vention, the  same  to  be  drawn  by  lot  under  the  direction  of  a 
committee  to  be  appointed  by  the  President,  subject  to  the  as- 
signment by  him  of  seats  to  the  Monitors  and  to  the  member 
first  named  on  the  committee  on  Rules  and  Procedure,  and  to 
the  assignment  of  seats  for  special  reasons  by  -vote  of  the  Con- 
vention. 

The  President  appointed  Messrs.  Bailey  of  Newbury,  Creed  of 
Boston  and  Coleman  of  Boston  a  committee  to  supervise  the 
drawing  of  seats. 

On  motion  of  Mr.  Luce  of  Waltham,  - 

Ordered,  That  seats  be  assigned  by  the  President  to  the  Hon. 
John  Q.  A.  Brackett  of  Arlington  and  the  Hon.  David  I.  Walsh 
of  Fitchburg,  former  Governors  of  the  Commonwealth,  and  to 
the  Hon.  James  M.  Morton  of  Fall  River,  former  Justice  of  the 
Supreme  Judicial  Court  of  the  Commonwealth. 

Accordingly  the  President  assigned  seat  No.  6  to  Mr.  Brackett, 
seat  No.  7  to  Mr.  Walsh,  and  seat  No.  5  to  Mr.  Morton. 

Before  the  drawing  commenced,  — 

On  motion  of  Mr.  Bullock  of  New  Bedford  Mr.  Delano  of 
Wareham  was  allowed  to  select  seat  No.  161. 

On  motion  of  Mr.  Bates  of  Boston  Mr.  Maguire  of  Boston  was 
allowed  to  select  seat  No.  19. 

On  motion  of  Mr.  Coleman  of  Boston  Mr.  Bodfish  of  Barn- 
stable  was  allowed  to  select  seat  No.  58. 

On  motion  of  Mr.  Sawyer  of  Ware  Mr.  Lomasney  of  Boston 
was  allowed  to  select  seat  No.  128. 

On  motion  of  Mr.  Davis  of  Maiden  Mr.  Kerr  of  Maiden  was 
allowed  to  select  seat  No.  26. 

On  motion  of  Mr.  Collins  of  Amesbury  Mr.  Smith  of  Province- 
town  was  allowed  to  select  seat  No.  23. 


MONDAY,  JUNE  11,   1917.  27 


Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Washburn  of  Worcester,  — 

Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn  Adjournment. 
to  meet  to-morrow  at  two  o'clock  P.M. 


At  twenty-one  minutes  before  five  o'clock,  on  motion  of  Mr. 
Blackmur  of  Quincy  (Mr.  Morton  of  Fall  River  being  in  the 
chair),  the  Convention  adjourned. 


28 


JOURNAL  OF  THE  CONVENTION, 


TUESDAY,  June  12,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was   offered  by   Rev.   Roland   D.   Sawyer  of   Ware,    a 
member  of  the  Convention. 


Proposed 
postponement 
of  the  Con- 
vention. 


Communication  from  the  Governor. 

A  communication  was  received  from  His  Excellency  the  Gov- 
ernor transmitting  a  telegram  from  Congressman  Samuel  E. 
Winslow  of  Worcester  suggesting  that  "  public  welfare  might  be 
best  served  by  the  adjournment  of  the  Convention  for  at  least 
a  year  and  perhaps  ultimately  until  after  the  termination  of 
the  war  into  which  our  country  has  entered/'  and  giving  rea- 
sons therefor. 

The  communication  and  accompanying  telegram  were  read;  and 
they  were  placed  on  file. 


Assistant 


secretary  of 
Convention. 


of  the 


Assistant  Secretary  of  the  Convention. 

A  communication  from  the  Secretary,  announcing  that  he  had 
appointed  Frank  E.  Bridgman  of  Boston  assistant  secretary  of 
the  Convention,  under  authority  of  an  order  adopted  by  the 
Convention  on  June  6,  was  read;  and  it  was  placed  on  file. 


Rules  of  the 
Convention. 


Rules  of  the  Convention. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the  adop- 
tion of  rules  for  the  government  of  the  Convention,  to  supersede 
those  now  being  observed. 

On  motion  of  Mr.  Luce  the  reading  of  the  report  was  dispensed 
with;  and,  under  the  rule,  it  was  placed  in  the  Orders  of  the  Day 
for  the  next  session.  (See  Convention  Document  No.  1.) 


Manner  of 
submitting 
amendments 
to  the  people. 


Submission  of  Amendments  to  the  People. 

On  motion  of  Mr.  Underbill  of  Somerville  the  following  order, 
offered  by  Mr.  Brown  of  Brockton,  was  taken  from  the  table:  — 

Ordered,  That  each  amendment  to  the  Constitution  adopted  by 
this  Convention  be  submitted  separately  from  each  other  amend- 
ment, though  at  the  same  time  with  others,  to  the  people  for 
their  action  thereon. 

The  same  member  moved  that  the  order  be  referred  to  the 
committee  on  Amendment  and  Codification  of  the  Constitution, 
when  appointed. 


TUESDAY,  JUNE  12,   1917.  29 

Mr.  Bennett  of  Saugus  moved  that  the  rule  be  suspended 
which  limits  to  ten  minutes  debate  on  the  motion  to  commit; 
and  this  motion  was  negatived,  by  a  vote  of  93  to  138. 

The  Convention  then  refused,  by  a  vote  of  113  to  144,  to  refer 
the  order  to  the  committee. 

Mr.  Quincy  of  Boston  moved  that  the  order  be  amended  by 
the  substitution  of  the  following:  — 

Ordered,  That  all  separate  proposals  to  amend  the  Constitution  Manner  of 
be  framed  and  adopted  in  form  for  separate  submission  to  the  jSmdSfts 
people,  except  so  far  as  any  of  the  same  may  be  necessarily  de-  to  the  p**^16- 
pendent  on  each  other. 

Mr.  Washburn  of  Middleborough  moved  that  the  amendment 
be  amended  by  the  substitution  of  the  following:  — 

Ordered,  That  the  revision,  alterations,  or  amendments  made  w. 
by  this  Convention,  shall  be  proposed  in  distinct  articles,  each 
article  to  consist,  as  far  as  may  be,  of  one  independent  proposi- 
tion; and  the  whole  to  be  so  arranged  that,  upon  the  adoption 
or  rejection  of  any  one  or  more  of  them,  the  other  parts  of  the 
Constitution  may  remain  complete,  and  consistent  with  each 
other.  And  if  any  two  or  more  propositions  shall  appear  to  be  so 
connected  together  that  the  adoption  of  one  and  the  rejection  of 
another  of  them  would  produce  a  repugnance  between  differ- 
ent parts  of  the  Constitution,  or  would  introduce  an  alteration 
therein  not  intended  to  be  proposed  by  this  Convention,  such  two 
or  more  propositions  shall  be  combined  in  one  article.  And  each  of 
the  said  articles  shall  be  considered  as  a  distinct  provision,  to  be 
adopted  in  the  whole,  or  rejected  in  the  whole,  as  the  people  shall 
think  proper. 

Mr.  Buttrick  of  Lancaster  moved  that  the  further  consider- 
ation of  the  order  be  postponed  until  to-morrow;  and  this  motion 
was  negatived,  by  a  vote  of  126  to  132. 

The  amendment  moved  by  Mr.  Washburn  was  then  rejected; 
the  amendment  moved  by  Mr.  Quincy  was  adopted;  and  the 
order,  as  thus  amended,  was  adopted. 

Adjournment  and  Hour  of  Meeting. 

Mr.   Jones  of  Melrose  moved  that  the   Convention  adjourn,  Next  session, 
to  meet  to-morrow  at  two  o'clock  P.M.;    and   this  motion  was 
adopted.     Accordingly,  at  ten  minutes  before  three  o'clock,  the 
Convention  adjourned. 


30 


JOURNAL   OF   THE   CONVENTION, 


Stenographic 
reports. 


WEDNESDAY,  June  13,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  W^altham, 
a  member  of  the  Convention. 

Stenographic  Report  of  Proceedings  and  Debates. 

Mr.  Powers  of  Newton,  for  the  committee  on  Rules  and  Pro- 
cedure, who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the  adop- 
tion of  the  following  order:  — 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized 
to  provide  for  a  stenographic  report  of  the  proceedings  and 
debates  of  the  Convention  and  of  the  Committee  of  the  Whole. 

The  report  was  read;  and  the  order  was  considered  forthwith 
under  a  suspension  of  the  rule,  on  motion  of  Mr.  Powers. 

After  debate  the  order  was  adopted,  by  a  vote  of  186  to  52. 

Compensation  of  Members  of  the  Convention. 

Mr.  Hobbs  of  Worcester  offered  the  following  order:  - 

Ordered,  That  the  compensation  of  members  of  the  Constitu- 
theConvention,  tional  Convention  be  fixed  at  seven  hundred  and  fifty  dollars 
Q^^  anci  that  the  Treasurer  and  Receiver-General  be  authorized 
to  subscribe  in  the  names  of  the  several  members  of  the  Con- 
vention for  bonds  of  the  United  States,  about  to  be  issued,  - 
the  "Liberty  Loan",  so  called,  —  and  transfer  them  to  the  mem- 
bers of  the  Convention,  in  lieu  of  compensation,  at  such  times 
as  the  Convention  shall  direct. 

Mr.  Haines  of  Medford  moved  that  the  order  be  amended  by 
striking  out  all  after  the  word  "each". 

Mr.  Leonard  of  Boston  moved  that  the  order  be  referred  to 
the  committee  on  Contingent  Expenses  and  Pay-Roll,  when  ap- 
pointed; and  this  motion  was  negatived. 

After  debate  Mr.  Hobbs  moved  that  the  order  be  amended  by 
adding  at  the  end  thereof  the  words  ";  provided,  that  if  any 
member  signifies  in  writing  to  the  Treasurer,  within  twenty-four 
hours  of  the  passage  of  this  order,  his  desire  to  be  paid  all  or 
any  part  of  said  compensation  in  cash,  the  Treasurer  shall  not 
make  subscription  in  his  name,  except  to  the  amount  authorized, 
and  he  shall  be  entitled  to  receive  the  balance  of  his  compensa- 
tion in  cash  at  such  times  as  the  Convention  shall  direct". 

After  further  debate  the  amendment  moved  by  Mr.  Hobbs 
was  rejected;  and  the  amendment  moved  by  Mr.  Haines  was 
adopted. 

Mr.  Stearns  of  Cambridge  then  moved  that  the  order,  as 
amended,  be  referred  to  the  committee  on-  Rules  and  Procedure; 
and  this  motion  was  negatived. 

The  order,  as  amended,  was  then  adopted. 


WEDNESDAY,  JUNE  13,   1917.  31 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on   Rules  and  Procedure,  sub-  Rules  of  the 
mitting  rules  for  the  government  of  the  Convention,  to  supersede  Convention- 
those  now  being  observed  (see  Convention  Document  No.  1),  was 
considered. 

On  motions  of  Mr.  Luce  of  Waltham  the  report  was  amended 
as  follows :  — 

In  Rule  13,  by  inserting  before  the  word  "Finance",  in  line  9, 
the  word  "State"; 

In  Rule  18,  by  striking  out  the  words  "on  or  before",  in  line  3, 
and  inserting  in  place  thereof  the  words  "  before  five  o'clock  P.M.,"; 

In  Rule  45,  by  inserting  after  the  word  "question,",  in  line  3, 
the  words  "to  close  debate  at  a  specified  time,";  and  by  insert- 
ing after  the  word  "commit",  in  the  same  line,  the  words  "or 
recommit"; 

In  Rule  46,  by  inserting  after  the  word  "table,",  in  line  4, 
the  words  "to  close  debate  at  a  specified  time,  to  postpone  to 
a  day  certain,  to  commit  or  recommit,"; 

In  Rule  52,  by  adding  at  the  end  thereof  the  words  ",  except 
in  cases  arising  under  Rule  6";  and 

By  inserting  after  Rule  41  the  following  new  rule:  — 

"42.  No  matter  which  has  been  duly  placed  in  the  Orders 
of  the  Day  shall  be  discharged  therefrom,  or  considered  out  of 
the  regular  course,  except  by  vote  of  four-fifths  of  the  members 
present  and  voting." 

On  motion  of  Mr.  Walker  of  Brookline  the  report  was  amended, 
in  Rule  35,  by  striking  out,  in  line  1,  the  words  "of  amendment 
of",  and  inserting  in  place  thereof  the  words  "to  amend". 

Mr.  Brown  of  Brockton  moved  that  the  report  be  amended,  in 
Rule  43  (as  printed),  by  striking  out,  in  line  2,  the  words  "forty 
members ",  and  inserting  in  place  thereof  the  words  "  one-eighth 
of  the  members  present,  to  be  determined  by  the  President,". 

Mr.  Morrill  of  Haverhill  moved  that  the  report  be  amended, 
in  Rule  43  (as  printed),  by  striking  out,  in  line  2,  the  word 
"forty",  and  inserting  in  place  thereof  the  word  "thirty". 

After  debate  Mr.  Brown  withdrew  the  amendment  moved  by 
him,  there  being  no  objection. 

The  amendment  moved  by  Mr.  Morrill  was  then  rejected,  by  a 
vote  of  28  to  162. 

Mr.  Willett  of  Norwood  moved  that  the  report  be  amended, 
in  Rule  13,  by  inserting  after  the  word  "Municipal",  in  line  18, 
the  words  "and  Town";  and  this  amendment  was  rejected. 

Mr.  Balch  of  Boston  moved  that  the  report  be  amended,  in 
Rule  55  (as  printed),  by  striking  out,  in  line  3,  the  number 
"34,";  and  by  adding  at  the  end  of  said  rule  the  words  "Rule  34 
shall  not  be  dispensed  with  if  ten  or  more  members  vote  in  the 
negative."  These  amendments  were  rejected.  * 

Mr.  Walker  of  Brookline  moved  that  the  report  be  amended, 
in  Rule  46  (as  printed),  by  inserting  after  the  first  sentence, 


32  JOURNAL  OF  THE  CONVENTION, 

ending  with  the  word  "debate",  the  words  "After  July  16,  1917, 
until  final  adjournment,  no  motion  to  adjourn  for  more  than  seven 
days  at  a  time  shall  be  entertained." 

Next  session.  Pending  the  question  on  the  amendment  moved  by  Mr. 
Walker,  Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  Con- 
vention adjourn,  to  meet  to-morrow  at  two  o'clock  P.M.;  and 
this  motion  was  adopted.  Accordingly,  at  nineteen  minutes  after 
four  o'clock,  the  Convention  adjourned. 


THUKSDAY,  JUNE  14,  1917.  33 


THUKSDAY,  June  14,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield, 
a  member  of  the  Convention. 

Invitation  of  the  Boston  City  Club. 

A  communication,  signed  by  the  chairman  of  the  Executive  Privileges 
Committee  of  the  Boston  City  Club,  extending  to  the  members  housee01ub 
of  the  Convention  an  invitation  of  the  Board  of  Governors  of  ^e  Boston 
said  club  to  avail  themselves  of  the  privileges  of  the  club  house 
during  the  term  of  the  Convention  session,  was  read;    and  it 
was  placed  on  file. 

On  motion  of  Mr.  Jones  of  Melrose,  — 

Voted,  That  the  thanks  of  the  Convention  be  extended  to  the  id. 
officials  of  the  Boston  City  Club  for  their  courtesy. 

Compensation  of  Members  for  Travelling  Expenses. 

On  motion  of  Mr.  Chandler  of  Somerville,  — 

Ordered,    That   the   Secretary   make   up   the   pay-roll   for   the  Pay-roil,  — 
travelling  expenses  of  the  members  of  the  Convention,  the  travel  Srmt?aveUin 
to  be  computed  according  to  the  table  of  distances  established  expenses. 
by  an  order  of  the  House  of  Representatives  adopted  June  1, 
1892. 

Printing  of  Convention  Documents. 

Mr.  Williams  of  Brookline,  for  the  committee  on  Rules  and 
Procedure,  who  were  authorized  to  report  rules  and  orders  for 
the  government  of  the  Convention,  reported  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That  the  Secretary  cause  to  be  printed  as  Convention  Convention 
documents  such  reports  of  committees  and  other  papers  as  may 
be  approved  for  printing  by  the  President  of  the  Convention; 
and  that,  unless  it  shall  be  otherwise  ordered,  one  thousand  copies 
of  each  document  be  printed. 

The  report  was  read;  and  the  order  was  considered  under  a 
suspension  of  the  rule,  on  motion  of  Mr.  Williams,  and  was 
adopted. 

Questions  of  Privilege. 

Mr.  Wonson  of  Gloucester  rose  to  a  question  of  privilege,  and  , 

stated  that,  on  the  opening  day  of  the  Convention,  when  the  question  of 
roll   was   called   on   the   amendment   moved   by   Mr.    Quincy  of  p 
Boston  relative  to  the  method  of  proceeding  to  the  election  of  a 
President  of  the  Convention,  he  was  present  and  voted  in  the 
affirmative,  but  that  he  was  not  recorded. 

Mr.  Gleason  of  Andover  rose  to  a  question  ^  of  privilege,  and 
stated  that,  on  the  opening  day  of  the  Convention,  when  the  roll  question'of 
was  called  on  the  election  of  a  President  of  the  Convention,  he  was  pnvi  ege> 


34 


JOUKNAL   OF   THE   CONVENTION, 


present  and  voted  for  Hon.   John   L.   Bates   of  Brookline,   but 
that  he  was  not  recorded. 


Convention 
Chamber,  — 
ventilation. 


Printing  of 
proceedings 
and  debates, 
—  two  styles 
of  type. 


Ventilation  of  the  Convention  Chamber. 

On  motion  of  Mr.  Pelletier  of  Boston,  — 

Ordered,  That  the  Sergeant-at-Arms  be  instructed  to  obtain 
the  advice  of  an  expert  engineer  as  to  the  means  possible  for 
securing  ventilation  in  the  Convention  Chamber,  the  time  neces- 
sary therefor,  and  the  expense. 

Printing  of  Convention  Proceedings. 

Mr.  Leonard  of  Boston  offered  the  following  order:  — 
Ordered,  That  the  committee  on  Rules  and  Procedure  consider 
and  report  whether  a  method  may  be  devised  whereby  proceed- 
ings and  utterances  deemed  worthy  of  future  reference  may  be 
printed  in  good  readable  type,  and  that  all  other  material  be 
printed  in  a  smaller  type. 

After  debate  the  order  was  rejected. 


Adjournment 
until  June  19. 


Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Underhill  of  Somerville,  — 
Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn 
to  meet  on  Tuesday  next  at  two  o'clock  P.M. 


Rules  of  the 
Convention. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on  Rules  and  Procedure,  sub- 
mitting rules  for  the  government  of  the  Convention,  to  supersede 
those  now  being  observed  (see  Convention  Document  No.  1), 
being  the  unfinished  business  of  the  last  session,  was  considered 
further. 

The  question  first  came  on  the  amendment  previously  moved  by 
Mr.  Walker  of  Brookline,  that  the  report  be  amended,  in  Rule  47 
(46,  as  printed),  by  inserting  after  the  first  sentence,  ending  with 
the  word  "debate.",  the  words  "After  July  16,  1917,  until  final 
adjournment,  no  motion  to  adjourn  for  more  than  seven  days  at  a 
time  shall  be  entertained." 

Mr.  Lummus  of  Lynn  (Mr.  Malone  of  Greenfield  being  in  the 
chair)  moved  that  the  amendment  previously  moved  by  Mr.  Walker 
be  amended  by  the  substitution  of  the  following:  "After  July  16, 
1917,  until  final  adjournment,  a  motion  to  adjourn  for  more  than 
seven  days  shall  be  placed  in  the  Orders  of  the  Day  for  the  day 
succeeding,  and  shall  be  debatable." 

Mr.  Haines  of  Medford  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Walker  be  amended  by  striking  out  the 
date  "July  16",  and  inserting  in  place  thereof  the  date  "June  17". 

After  debate  the  amendment  moved  by  Mr.  Haines  was  re- 
jected; and  the  amendment  moved  by  Mr.  Lummus  was  rejected, 
by  a  vote  of  49  to  166. 


THURSDAY,  JUNE  14,   1917.  35 

Mr.  Quincy  of  Boston  then  moved  that  the  amendment  previ- 
ously moved  by  Mr.  Walker  be  amended  by  striking  out  the  words 
"  final  adjournment",  and  inserting  in  place  thereof  the  words  "  all 
amendments  to  the  Constitution  have  been  finally  adopted  for 
submission  to  the  people".  After  debate  this  amendment  was 
adopted. 

Mr.  Lomasney  of  Boston  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Walker,  as  amended,  be  further  amended 
by  inserting  after  the  word  "submission"  the  words  "by  the 
Convention". 

Mr.  Morrill  of  Haverhill  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Walker,  as  amended,  be  further  amended 
by  inserting  after  the  word  "people",  the  words  "or  have  been 
rejected  by  the  Convention".  This  amendment  was  rejected. 

Mr.  Clapp  of  Lexington  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Walker,  as  amended,  be  further  amended 
by  adding  at  the  end  thereof  the  words  ",  unless  the  proposed  * 
adjournment  be  until  the  second  Monday  or  Tuesday  next 
following  the  motion,  in  which  case  the  motion  may  be  en- 
tertained if  the  adjournment  be  for  not  more  than  ten  days". 
This  amendment  was  also  rejected. 

The  amendment  moved  by  Mr.  Lomasney  was  then  adopted. 

The  amendment  previously  moved  by  Mr.  Walker,  as  amended, 
was  then  adopted,  by  a  vote  of  161  to  71. 

On  motion  of  Mr.  Creamer  of  Lynn  the  report  was  amended, 
in  Rule  20,  by  adding  at  the  end  thereof  the  words  "The  Presi- 
dent may  at  any  time  direct  the  committee  to  report  forthwith." 

On  motion  of  Mr.  Luce  of  Waltham  the  report  was  amended, 
in  Rule  34,  by  adding  at  the  end  thereof  the  words  "Debate  on 
motions  to  reconsider  shall  be  limited  to  thirty  minutes,  and  no 
member  shall  speak  more  than  five  minutes;  but  on  a  motion  to 
reconsider  a  vote  upon  any  collateral  matter  debate  shall  be 
limited  to  ten  minutes,  and  no  member  shall  speak  more  than 
three  minutes." 

The  rules  recommended  by  the  committee  were  then  adopted, 
as  amended;  and,  as  perfected  and  rearranged  for  symmetry  and 
convenience  of  reference,  they  were  as  follows:  — 

THE  PRESIDENT. 

1.  The  President  shall  take  the  chair  at  the  hour  to  which 
the  Convention  is  adjourned;    shall  call  the  members  to  order; 
and  on  the  appearance  of  a  quorum  shall  proceed  to  business. 

2.  He  shall  preserve  order;    may  speak  to  points  of  order  in 
preference  to  other  members;    and  shall  decide  all  questions  of 
order,  subject  to  an  appeal  to  the  Convention,  if  seconded,  and 
no  other  business  shall  be  in  order  until  the  question  on  the 
appeal  shall  have  been  decided. 

3.  He  shall  declare  all  votes;    but  if  any  member  doubts  a 
vote  he  shall  order  a  return  of  the  number  voting  in  the  affirm- 
ative and  in  the  negative,  without  further  debate.     When  a  vote 


36  JOURNAL  OF  THE  CONVENTION, 

is  doubted,  the  members  for  or  against  the  question,  when  called 
by  the  President,  shall  rise  and  stand  until  counted. 

4.  He  shall  rise  to  put  a  question,  or  to  address  the  Conven- 
tion, but  may  read  sitting.     In  all  cases  he  may  vote. 

5.  He  may  require  any  motion  to  be  reduced  to  writing. 

6.  When  two  or  more  members  rise  at  once  he  shall  name  the 
member  who  is  to  speak  first. 

7.  He   may   name   a   member   to   perform   the   duties   of   the 
Chair,  but  such  substitution  shall  not  extend  beyond  three  days. 

8.  If   the   President   or   the   member   appointed    to   the   chair 
shall   be   absent  at   the   hour  to   which   the   Convention   is   ad- 
journed,  the  Secretary  shall  call  the  Convention  to  order  and 
shall   preside   until   a   President   pro   tempore   is   elected,   which 
shall  be  the  first  business. 

9.  The  President  shall  have  the  general  control  of  the  Con- 
vention  Chamber  and   galleries   and  the  rooms   adjoining.     No 
person,    excepting    members,    officers    and    attendants    of    the 
Convention,  and  such  persons  as  may  be  invited  by  the  Con- 
vention or  by  the  President,  shall  be  admitted  within  the  bar. 
The    chairman    of    the    Committee    of    the    Whole,    during    the 
sitting  of  such  committee,  shall  have  like  powers. 

MONITOES. 

10.  The  President  shall  appoint  two  monitors  for  each  divi- 
sion, whose  duty  it  shall  be  to  see  that  the  rules  and  orders  are 
duly  observed,  and,  on  demand  of  the  President,  to  return  the 
number  of  votes  or  members  in  their  respective  divisions. 

SECRETARY. 

11.  The  Secretary  shall  enter  in  the  Journal  of  the  Conven- 
tion a  record  of  its  proceedings,  and  shall  prepare  a  Calendar 
of    matters    in    order   for    consideration,    matters    lying   on   the 
table, '  and   such   other   memoranda   as   the   Convention   or   the 
President  may  direct,  each  to  be  printed  daily. 

12.  Every  question  of  order  shall  be  noted  by  the  Secretary, 
with  the  decision  thereon,  .and  shall  be  entered  at  large  in  the 
Journal. 

MEMBERS. 

13.  No  member  shall  be  absent  more  than  two  days  without 
leave  of  the  Convention,  nor  absent  himself  from  the  Conven- 
tion without  leave  unless  there  be  a  quorum  without  his  presence. 
When  it  appears  to  the  President  that  the  presence  of  a  quorum 
is  endangered,  he  shall  order  the  doors  closed  until  the  Conven- 
tion takes  action  thereon. 

14.  Every  member  present  in  the  Convention  when  a  ques- 
tion is  put  shall  give  his  vote,  unless  the  Convention  for  special 
reasons   shall   excuse   him.     A .  member   desiring   to   be   excused 
shall  make  application  therefor,   with  a  brief  statement  of  his 
reasons,  before  a  division  or  before  the  calling  of  the  yeas  and 


THURSDAY,  JUNE  14,  1917.  37 

nays,    and    the    same    shall    be    decided    without    debate.     The 
pairing  of  members  shall  not  be  recognized. 

15.  Every  member,  when   about  to  speak,  shall  rise  and  ad- 
dress the  President,  shall  confine  himself  to  the  question  under 
debate,  and  avoid  personalities.     No  member  shall  speak  out  of 
his  place  without  leave  of  the  President. 

16.  No    member    speaking    shall    be    interrupted    by    another 
but  by  rising  to  call  to  order. 

17.  No  member  shall  mention  in  debate  another  member  by 
his  name,  but  may  describe  him  by  such  designation  as  may  be 
intelligible  and  respectful. 

18.  No  member  shall  speak  more  than  twice  on  one  question 
without  first  obtaining  leave  of  the  Convention,  nor  more  than 
once  until   other  members   who  have  not  spoken  shall  speak,  if 
they  desire  it. 

19.  No  member  shall  be  permitted  to  stand,  to  the  interrup- 
tion   of   another,    while   any    member   is   speaking,    nor   to   pass 
unnecessarily  between  the  President  and  the  member  speaking, 
nor  shall   any   member  be  permitted   to  stand  in  the  aisles   or 
the  area  in  front  of  the  President's  desk  during  the  session  of 
the  Convention,  nor  to  stand  at  the  Secretary's  desk  during  a 
roll  call. 

20.  When  any  member  shall  be  guilty  of  a  breach  of  any  rule 
or  order  of  the  Convention,  he  may  be  required,  on  motion,  to 
make  satisfaction  therefor,  and  shall  not  be  allowed  to  vote  or 
speak,  except  by  way  of  excuse,  until  he  has  so  done. 

21.  All  papers  belonging  to  the  Convention,  in  the  possession 
of  a  member  obtaining  leave  of  absence,  shall  be  left  by  him 
with  the  Secretary. 

QUOEUM. 

22.  One  hundred  and  sixty-one  members  present  in  the  Con- 
vention Chamber  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  motion  to  go  into  Committee  of  the  Whole 
may  be  entertained  whenever  one  hundred  members  are  present. 

COMMITTEES. 

23.  Standing  committees  shall  be  appointed  as  follows:  - 

A  committee  on  Rules  and  Procedure,  to  consist  of  the  Presi- 
dent, who  shall  be  chairman  of  the  committee,  and  eighteen 
other  members. 

A  committee  on  Bill  of  Rights; 

A  committee  on  The  General  Court; 

A  committee  on  Initiative  and  Referendum; 

A  committee  on  Suffrage; 

A  committee  on  State  Finance; 

A  committee  on  Taxation; 

A  committee  on  Public  Affairs; 

A  committee  on  Social  Welfare; 

A  committee  on  Labor; 


38  JOURNAL  OF  THE  CONVENTION, 

A  committee  on  the  Liquor  Traffic; 
A  committee  on  Social  Insurance; 
A  committee  on  the  Executive; 
A  committee  on  State  Administration; 
A  committee  on  Municipal  Government; 
A  committee  on  County  and  District  Government; 
A  committee  on  Military  Affairs; 
A  committee  on  the  Judiciary; 
A  committee  on  Judicial  Procedure; 
A  committee  on  Education; 

A  committee  on  Amendment  and  Codification  of  the  Consti- 
tution; 

Each  to  consist  of  fifteen  members. 

A  committee  on  Elections,  to  consist  of  nine  members. 

A  committee  on  Contingent  Expenses  and  Pay-Roll; 

A  committee  on  Form  and  Phraseology; 

Each  to  consist  of  five  members. 

24.  All  committees  shall  be  appointed  by  the  President,  unless 
otherwise   ordered   by   the    Convention,    and   the   member   first 
named  shall  be  chairman. 

25.  With  the  approval  of  the  committee  on  Rules  and  Pro- 
cedure a  committee  may  originate,    without   specific   reference, 
any   proposal   for   amendment   of   the   Constitution   which   falls 
within  the  proper  province  of  such  committee. 

26.  A  proposal  for  amendment  of  the  Constitution  reported 
by  a  committee,  based  on  a  specific  reference  or  references,  shall 
not  be  open  to  the  point  of  order  that  it  contains  matter  not 
within  the  scope  of  the  reference. 

27.  All  committees  appointed  to  consider  proposals  to  amend 
the    Constitution    shall    file    their    reports    with    the    Secretary 
before  five  o'clock  P.M.,  July  16,   1917,  and  such  reports  shall 
be  referred  by  the  President  to  the  Committee  of  the  Whole, 
where   they   shall    be   considered    before    they    are    acted    upon 
by  the  Convention. 

28.  Proposals  to  amend  the  Constitution  in  their  third  read- 
ing shall  be  referred  to  the  committee  on  Form   and  Phrase- 
ology for  examination,  correction  and  report.     When  a  proposal 
has  been  so  referred  it  shall  not  be  acted  upon  by  the  Con- 
vention until  report  thereon  has  been  made  by  the  committee. 
The  President  may  at  any  time  direct  the  committee  to  report 
forthwith. 

29.  The  committee  on  Form  and  Phraseology  shall  examine 
and    correct    the    proposals    to    amend    the    Constitution    which 
are  referred  to  it,  for  the  purpose  of  avoiding  repetitions,  insur- 
ing accuracy  in  the  text,  and  consistency:    provided,  that  any 
change  in  the  sense  or  legal  effect  or  any  material  change  in 
the   construction   shall   be   reported   to   the    Convention    as    an 
amendment. 

30.  No  committee,  except  the  committee  on  Rules  and  Pro- 
cedure, shall  sit  during  the  sessions  of  the  Convention  or  of  the 
Committee  of  the  Whole,  except  by  leave  of  the  Convention. 


THURSDAY,  JUNE  14,   1917.  39 


COMMITTEE  OF  THE  WHOLE. 

31.  When  the  Convention  determines  to  go  into  Committee  of 
the  Whole,  the  President  shall  appoint  the  member  who  shall 
take  the  chair. 

32.  The  rules  of  the  Convention  so  far  as  applicable  shall  be 
observed  in  Committee  of  the  Whole,  except  that  one  hundred 
members  shall  constitute  a  quorum;    it  cannot  refer  a  matter  to 
any  other  committee;    it  cannot  adjourn;    a  motion  for  the  pre- 
vious  question  or  for  indefinite  postponement  shall   not  be  in 
order;  the  yeas  and  nays  shall  not  be  called;  and  a  member  may 
speak   more  than  once.      The   committee  shall   have  the  same 
powers   as   the  Convention  to  enforce  the  attendance  of  mem- 
bers, and  the  Secretary  and   the  Sergeant-at-Arms   shall  be  the 
secretary  and  sergeant-at-arms,  respectively,  of  the  Committee  of 
the  Whole, 

33.  If  the   Committee   of  the  Whole  reports  favorably  on  a 
proposal   to   amend   the   Constitution,   and  if  the   proposal  has 
been   read   but   once,   it  shall   go   to   a  second   reading  without 
question;     otherwise,   it   shall   be   placed   in   the   Orders   of   the 
Day  for  the  next  session  pending  the  question  on  ordering  to 
a  third  reading. 

34.  If  the   Committee  of  the  Whole  reports  that  a  proposal 
to  amend  the  Constitution  which  has  been  referred  to  it  ought 
not   to    pass,   the    question   shall    be:     "Shall    the  proposal   be 
rejected?"     If    the  question  on  rejection  is  negatived,  the  pro- 
posal, if  it  has  been  read  but  once,  shall  go  to  a  second  reading 
without  question;    otherwise,  it  shall  be  placed  in  the  Orders  of 
the  Day  for  the  next  session  pending  the  question  on  ordering 
to  a  third  reading. 

PROCEDURE. 

35.  All    proposals    to    amend    the    Constitution   shall   embody 
a   draft   of   the   proposed   amendment,   and   each   proposal   shall 
be   filed   by   a   member   of   the   Convention   with   the   Secretary 
before   five   o'clock   P.M.,   June   25,    1917,   and   by  him   be  sub- 
mitted   to    the    President,    who    shall    read    the    proposals    and, 
with    the    consent    of    the    Convention,    refer   them    to    the   ap- 
propriate committees;  or  to  the  Committee  of  the  Whole. 

36.  No  proposition  shall  be  introduced  or  brought  before  the 
Convention  unless  it  relates  directly  to  its  business.     This  rule 
shall  not  be  suspended  except  by  vote  of  four-fifths  of  the  mem- 
bers present  and  voting. 

37.  If  any  member  of  the  Convention  shall  so  request,  any 
order  or  resolution  which  shall  be  proposed  for  adoption  shall 
be  postponed  until  the  next  session  without  question. 

38.  The  unfinished  business  in  which  the  Convention  was  en- 
gaged at  the  time  of  the  last  adjournment  shall  have  precedence 
in  the  Orders  of  the  Day,  after  motions  to  reconsider. 


40  JOURNAL  OF  THE  CONVENTION, 

39.  No  matter  which  has  been  duly  placed  in  the  Orders  of  the 
Day   shall   be   discharged   therefrom,    or   considered   out   of   the 
regular    course,  except  by    vote  of   four-fifths  of    the    members 
present  and  voting. 

PRECEDENCE  OF  MOTIONS. 

40.  When   a   question   is   under   debate,    no   motion   shall   be 
entertained  but  to  adjourn,  to  lay  on  the  table,  for  the  previous 
question,  to  close  debate  at  a  specified  time,  to  postpone  to  a 
day  certain,  to  commit  or  recommit,  to  amend,  or  to  postpone 
indefinitely;    which  several  motions  shall  have  precedence  in  this 
order. 

41.  All  questions  shall  be  put  in  the  order  in  which  they  are 
moved,  unless  the  subsequent  motion  be  previous  in  its  nature; 
except  that  in  naming  sums  and  fixing  times  the  largest  sum  and 
the  longest  time  shall  be  put  first. 

42.  No    motion    or    proposition    of    a    subject    different    from 
that    under    consideration    shall    be    admitted    under    color    of 
amendment. 

43.  Any  member  may  call  for  the  division  of  a  question  which 
is  in  its  nature  divisible.     A  motion  to  strike  out  and  insert 
shall  be  deemed  indivisible;    but  a  motion  to  strike  out  being 
lost,  shall  neither  preclude  amendment  nor  a  motion  to  strike 
out  and  insert. 

44.  After  a  motion  is  stated  by  the  President,  it  shall  be  in 
possession  of  the   Convention,   and  shall  be  disposed  of  by  its 
vote;   but  the  mover  may  withdraw  it,  unless  objection  is  made, 
at  any  time  before  a  decision  or  amendment,  except  a  motion  to 
reconsider,   which   shall   not   be   withdrawn   after   the   time  has 
elapsed  within  which  it  originally  could  be  made. 

45.  A  motion  to  adjourn  shall  always  be  in  order;    and  that 
motion,   or  a  request  for  the  yeas   and  nays,  shall  be  decided 
without  debate.     After  July  16,   1917,  until  all  amendments  to 
the  Constitution  have  been  finally  adopted  for  submission  by  the 
Convention  to  the  people,  no  motion  to  adjourn  for  more  than 
seven  days  at  a  time  shall  be  entertained.     On  motions  to  lay  on 
the  table,  to  take  from  the  table,  to  close  debate  at  a  specified 
time,  to  postpone  to  a  day  certain,  to  commit  or  recommit,  and 
for  suspension  of  any  rule,  debate  shall  be  limited  to  ten  minutes, 
and  no  member  shall  speak  more  than  three  minutes. 

PREVIOUS  QUESTION. 

46.  The  previous  question  shall  be  put  in  the  following  form: 
"Shall    the    main    question    be    now    put?"     Debate    upon    the 
main  question  shall   be  suspended  until   the  previous   question 
is   decided.     If  the   previous   question   is   ordered,   the   member 
in   charge   of  the   measure   shall   have   not   exceeding   ten   min- 
utes, and  the  vote  shall  be  taken  forthwith  upon  amendments 
.reported    by    a    committee,    upon    other    pending    amendments, 
and  then  upon  the  main  question. 


THURSDAY,  JUNE  14,  1917.  41 

47.  On  the  previous  question  debate  shall  be  limited  to  ten 
minutes,  and  no  member  shall  speak  more  than  three  minutes, 
nor  more  than  once  without  leave;    and  all  incidental  questions 
of  order,  arising  after  a  motion  is  made  for  the  previous  question, 
shall  be  decided  without  debate,  except  on  appeal,  duly  seconded, 
and  on  such  appeal  no  member  shall  be  allowed  to  speak  more 
than  once  without  leave. 

RECONSIDERATION. 

48.  When   a   vote   has   passed,   it   shall   be   in   order  for   any 
member  to  move  a  reconsideration  thereof  on  the  same  or  the 
succeeding  day,   and  such  motion,   if  made  on   the  same  day, 
shall  be  placed  first  in  the  Orders  of  the  Day  succeeding,  and  if 
made    on    the    succeeding    day    it    shall    be    made    before    the 
Orders    of    the    Day    are    taken    up.     A    motion    to    reconsider 
being   rejected,    shall    not    be    renewed,    nor    shall    any    subject 
be    a    second   time   reconsidered:     provided,    that    a    motion   to 
reconsider   a   vote   upon   a   collateral   matter,   shall   not   remove 
the    main    subject    under    consideration    from    before    the    Con- 
vention, but  shall  be  considered  when  made.     Debate  on  motions 
to  reconsider  shall  be  limited  to  thirty  minutes,  and  no  member 
shall  speak  more  than  five  minutes;    but  on  a  motion  to  recon- 
sider a  vote  upon  any  collateral  matter  debate  shall  be  limited 
to  ten  minutes,  and  no  member    shall    speak  more  than  three 
minutes. 

YEAS  AND  NAYS. 

49.  On  all  questions  the  sense  of  the  Convention  shall  be  taken 
by  yeas  and  nays,  provided  forty  members  so  require.    No  mem- 
ber shall  be  allowed  to  vote  who  enters  the  Convention  after  the 
vote  is  declared.     The  names  of  the  members  shall  be  called  in 
alphabetical  order. 

READINGS  AND  ENGROSSMENT. 

50.  Every  proposal  to  amend  the  Constitution  shall  be  read 
in  Convention  on  three  several  days  and  be  referred  to  and  re- 
ported upon  by  the  committee  on  Form  and  Phraseology  before 
it  is  engrossed. 

51.  Proposals    to    amend   the    Constitution   shall   be   read   by 
their  titles  only,  unless  the  full  reading  is  requested. 

52.  Proposals   to   amend  the   Constitution  shall  be  engrossed 
under  the  direction  of  the  President. 

53.  After  a  proposal  to  amend  the  Constitution  has  been  en- 
grossed it  shall  not  be  amended.     The  question  shall  be  on  sub- 
mitting the  same  to  the  people. 

ELECTIONS. 

54.  In   all   elections    a   time   shall    be   designated   therefor   at 
least   one   day   previous   thereto,   except  in   cases   arising  under 
Rule  8. 


42 


JOURNAL   OF  THE  CONVENTION, 


COUNSEL  AND  AGENTS. 

55.  The  provisions  of  Chapter  3   of  the  Revised  Laws,   and 
acts  in  amendment  thereof,  relating  to  legislative  counsel  and 
agents,  shall  apply  to  counsel   and   agents  in  all   matters   con- 
nected with  the  Convention.     The  Sergeant-at-Arms  shall  have 
charge  of  the  enforcement  of  this  rule,  under  the  direction  of 
the  President. 

SUSPENSION,  AMENDMENT  AND  REPEAL. 

56.  No   rule   or   standing   order   of   the   Convention   shall   be 
dispensed   with,    altered   or   repealed,    except    by   vote   of   two- 
thirds  of  the  members  present;    but  this  rule,  and  rules  22,  28, 
37,   42   and  48,   shall  not  be  dispensed  with  except  by  unani- 
mous consent. 


Submission  to 
the  people  of  a 
constitution 
and  amend- 
ments. 


Commission  on 
information 
and  data  for 
the  Conven- 
tion. 


Submission  of  Constitution  and  Amendments. 

Mr.  Hart  of  Cambridge  offered  the  following  order,  and  the  con- 
sideration thereof  was  postponed  until  the  next  session,  at  the 
request  of  that  member:  — 

Ordered,  That  the  work  of  the  Massachusetts  Constitutional 
Convention  shall  take  the  form  of  a  main  constitution  and  of  a 
series  of  separate  amendments,  to  be  designated  by  the  Con- 
vention; 

Ordered,  That  the  main  constitution  shall  be  based  upon  the 
present  Constitution  and  the  amendments  now  in  force,  with  such 
changes  in  phraseology,  contents  and  order  as  the  Convention 
may  deem  desirable; 

Ordered,  That  the  main  constitution  and  the  separate  amend- 
ments shall  be  submitted  to  a  vote  of  the  people  in  such  form 
that  the  main  constitution  and  each  of  the  separate  amend- 
ments shall  be  voted  upon  separately; 

Ordered,  That  in  case  the  main  constitution  should  not  be 
adopted,  those  separate  amendments  that  shall  be  adopted  each 
for  itself,  shall  become  amendments  and  parts  of  the  present 
Constitution. 

Communication  from  the  Governor. 

A  communication  from  His  Excellency  the  Governor,  trans- 
mitting a  report  of  the  commission  appointed,  under  chapter  28 
of  the  general  acts  of  the  year  1917,  to  compile  information  and 
data  for  the  use  of  the  Convention,  summarizing  its  work,  was 
read. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston  the  communica- 
tion and  the  accompanying  report  were  referred  to  the  com- 
mittee on  Rules  and  Procedure. 


At  fourteen  minutes  after  four  o'clock,  on  motion  of  Mr. 
Morton  of  Fall  River,  the  Convention  adjourned,  to  meet  on 
Tuesday  next  at  two  o'clock  P.M. 


TUESDAY,  JUNE  19,  1917.  43 


TUESDAY,  June  19,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Roland  D.  Sawyer  of  Ware,  a 
member  of  the  Convention. 

Appointment  of  Committees. 
The  President  announced  the  appointment  of  committees  as  Appointment 

follows  :  —  of  committees. 

COMMITTEES  OF  THE  CONVENTION. 

On  Rules  and  Procedure.  —  The  President,  and  Messrs.  Luce  of 
Waltham,  Whipple  of  Brookline,  Parker  of  Lancaster,  Walsh  of 
Fitchburg,  Pillsbury  of  Wellesley,  Edwin  U.  Curtis  of  Boston, 
Malone  of  Greenfield,  Walker  of  Brookline,  Powers  of  Newton, 
Boynton  of  Everett,  Williams  of  Brookline,  Hall  of  Taunton, 
Quincy  of  Boston,  Underhill  of  Somerville,  Ross  of  New  Bedford, 
Washburn  of  Worcester,  Pelletier  of  Boston  and  Hibbard  of 
Pittsfield. 

On  Bill  of  Rights.  —  Messrs.  Edwin  U.  Curtis  of  Boston, 
Coolidge  of  Milton,  Lomasney  of  Boston,  Barnes  of  Weymouth, 
Anderson  of  Newton,  Pelletier  of  Boston,  Doe  of  Franklin, 
William  H.  Sullivan  of  Boston,  Swig  of  Taunton,  Walcott  of 
Cambridge,  Stoeber  of  Adams,  Chandler  of  Somerville,  Webster 
of  W'altham,  Callahan  of  Boston  and  Merrill  of  Gloucester. 

On  The  General  Court.  —  Messrs.  Malone  of  Greenfield,  Luce 
of  Waltham,  Crosby  of  Arlington,  Giddings  of  Great  Barrington, 
Kinney  of  Boston,  Tatman  of  Worcester,  Gaylord  of  South 
Hadley,  Reidy  of  Boston,  Moran  of  Fall  River,  Morrill  of 
Haverhill,  Fisher  of  Westford,  Gartland  of  Boston,  Quinn  of 
Sharon,  Smith  of  Provincetown  and  Moynihan  of  Boston. 

On  Initiative  and  Referendum.  —  Messrs.  Cummings  of  Fall 
River,  Walker  of  Brookline,  Choate  of  Southborough,  Whipple 
of  Brookline,  Parker  of  Lancaster,  Powers  of  Newton,  Hale  of 
Boston,  Dennis  D.  Driscoll  of  Boston,  Lummus  of  Lynn,  Coleman 
of  Boston,  Churchill  of  Amherst,  Youngman  of  Boston,  Sherburne 
of  West  Springfield,  Harriman  of  New  Bedford  and  Bailey  of 
Newbury. 

On  Su/rage.  —  Messrs.  Newton  of  Everett,  Kneil  of  West- 
field,  Bennett  of  Saugus,  Buttrick  of  Lancaster,  Barnes  of  Mans- 
field, Webster  of  Haverhill,  Sawyer  of  Ware,  Aylward  of  Cam- 
bridge, Ferry  of  Northbridge,  Cooney  of  Peabody,  Martin  of 
Holyoke,  Corrigan  of  Natick,  Hawley  of  Maiden,  Gallagher  of 
Boston  and  Wing  of  Dartmouth. 

On  State  Finance.  —  Messrs.  Parkman  of  Boston,  Ferrey  of 
Pittsfield,  Lowe  of  Fitchburg,  Codman  of  Brookline,  Collins  of 
Amesbury,  Dellinger  of  Wakefield,  Douglass  of  Boston,  Theller 


44  JOURNAL   OF  Tilt:   CONVENTION, 

of  New  Bedford,  McCaffrey  of  Boston,  Leonard  of  Boston, 
O'Connell  of  Lowell,  Hoitt  of  Lynn,  Graumann  of  Boston, 
Putnam  of  Westfield  and  Finn  of  Chelsea. 

On  Taxation.  —  Messrs.  Cox  of  Boston,  Trefry  of  Marblehead, 
Adams  of  Concord,  Feiker  of  Northampton,  O'Connell  of  Boston, 
Lynch  of  Milford,  Creamer  of  Lynn,  Good  of  Cambridge,  Flyo 
of  Holbrook,  Tilton  of  Springfield,  Fitz-Randolph  of  Nantucket, 
Shanahah  of  Somerville,  Donoghue  of  Boston,  Shaw  of  Revere 
and  Richardson  of  Ayer. 

On  Public  Affairs.  —  Messrs.  Anderson  of  Brookline,  Hobbs  of 
Worcester,  Clapp  of  Lexington,  Frost  of  Lawrence,  Coogan  of 
Pittsfield,  Parker  of  Boston,  Turner  of  Fall  River,  Michelman  of 
Boston,  Fraser  of  Lynn,  Look  of  Tisbury,  Brooks  of  Worcester, 
James  J.  Brennan  of  Boston,  Butler  of  Brockton,  Robinson  of 
Sturbridge  and  McLaud  of  Greenfield. 

On  Social  Welfare.  —  Messrs.  Brackett  of  Arlington,  Kelley  of 
Rockland,  Bullock  of  New  Bedford,  Kilbon  of  Springfield, 
Glazier  of  Hudson,  Flaherty  of  Boston,  Weekes  of  Harwich, 
Delaney  of  Holyoke,  Larson  of  Worcester,  Sweet  of  Attleboro, 
Sparrell  of  Norwell,  Buck  of  Billerica,  Day  of  Winchendon, 
Murphy  of  Chelsea  and  Peter  Daley  of  Lowell. 

On  Labor.  —  Messrs.  Lowell  of  Newton,  Boynton  of  Everett, 
Brown  of  Brockton,  William  J.  Sullivan  of  Boston,  Ross  of  New 
Bedford,  Shattuck  of  Worcester,  Brown  of  Springfield,  Donovan 
of  Lawrence,  Shea  of  Cambridge,  Collier  of  Gardner,  Skerrett  of 
Worcester,  Talbot  of  Plymouth,  Scigliano  of  Boston,  Thompson 
of  North  Attleborough  and  Charbonneau  of  Lowell. 

On  the  Liquor  Traffic.  —  Messrs.  Underbill  of  Somerville,  Clark 
of  Brockton,  Lane  of  Boston,  Hall  of  Orange,  Knotts  of  Somer- 
ville,  Bates  of  Boston,  Barker  of  Fall  River,  ICerr  of  Maiden, 
Bicknell  of  Weymouth,  Moriarty  of  Boston,  Bergengren  of  Lynn, 
Harding  of  Whitman,  Mitchell  of  Springfield,  James  H.  Brennan 
of  Boston  and  -  -  of  -  — .* 

On  Social  Insurance.  —  Messrs.  Wash  burn  of  Worcester,  A  very 
of  Holyoke,  Gleason  of  Andover,  Bodfish  of  Barnstable,  Saunders 
of  Clinton,  O'Connell  of  Salem,  Carr  of  Hopkinton,  Wood  of 
Cambridge,  Farnsworth  of  Leominster,  Myron  of  Boston, 
Sweeney  of  Attleboro,  Bigney  of  Boston,  Thompson  of  Beverly, 
Donovan  of  Springfield  and  Boucher  of  New  Bedford. 

On  the  Executive.  —  Messrs.  Quincy  of  Boston,  Adams  of 
Quincy,  Benton  of  Belmont,  Lufkin  of  Essex,  Dale  of  Watertown, 
Boyer  of  Lynn,  Flynn  of  Maiden,  Mansfield  of  Boston,  Granfirld 
of  Springfield,  Rieutord  of  Southbridge,  Bin-roll  of  Medford, 
Gates  of  Westborough,  Nutting  of  Leominster,  McKeon  of 
Worcester  and  Love  of  Webster. 

On  State  Administration.  —  Messrs.  Walsh  of  Fitchburg,  Curtiss 

of  Hingbam,  Halch  of  Boston,  Bailey  of  Somerville,  Bosworth  of 

Springfield,    Willett   of   Norwood,    Waterman   of    Williamstown, 

-  of  -        — ,f  Whitehead  of  Fall  River,  Langelier  of  Quincy, 

*  Vacancy  filled,  July  10,  by  the  appointment  of  Joseph  M.  Sullivan  of  Boston. 
t  Vacancy  filled,  Juno  25,  by  the  appointment  of  Mr.  Dutch  of  Winchester. 


TUESDAY,  JUNE  19,  1917.  45 

Robbins  of  Chelmsford,  Stearns  of  Cambridge,  Craven  of  Boston, 
Greenwood  of  Lowell  and  Mahoney  of  Boston. 

On  Municipal  Government.  —  Messrs.  Hall  of  Taunton,  Bangs 
of  Boston,  Logan  of  Worcester,  Dutch  of  Winchester,*  Haines  of 
Medford,  Bruce  of  Everett,  Cook  of  Fitchburg,  Coe  of  Worcester, 
Bauer  of  Lynn,  Brine  of  Somerville,  Barrett  of  Cambridge, 
Brsse  of  Newburyport,  Charles  P.  Curtis,  Jr.,  of  Boston,  Hicks 
of  Fall  River  and  Martin  of  Boston. 

On  County  and  District  Government.  —  Messrs.  Jones  of  Mel- 
rose,  Keliher  of  Boston,  Hale  of  Haverhill,  Ballantyne  of  Boston, 
Derbyshire  of  Lawrence,  Lyman  of  Easthampton,  Mancovitz  of 
1  Boston,  Delano  of  Wareharn,  Bowen  of  Boston,  Davis  of  Cam- 
bridge, Howard  of  Reading,  Crafts  of  Whately,  Harrington  of 
Fall  River,  Lane  of  Dighton  and  Thomas  R.  Kelley  of  Boston. 

On  Military  Affairs.  —  Messrs.  Bouve*  of  Hingham,  McCarthy 
of  Marlborough,  Wheelock  of  Fitchburg,  Sheehan  of  Boston, 
Marshal]  of  Worcester,  Walker  of  New  Bedford,  Batchelder  of 
Salem,  Adams  of  Lowell,  Newhall  of  Stoneham,  Bryant  of  Milton> 
Broderick  of  Waltham,  Begley  of  Holyoke,  Kenny  of  Boston, 
Leboeuf  of  Webster  and  Donovan  of  Boston. 

On  the  Judiciary.  —  Messrs.  Morton  of  Fall  River,  Williams  of 
Brookline,  Burns  of  Pittsfield,  Montague  of  Boston,  Dresser  of 
Worcester,  McAnarney  of  Quincy,  Merriam  of  Framingham, 
Cusick  of  Boston,  Wilson  of  Lowell,  Sullivan  of  Salem,  Stoneman 
of  Boston,  Davis  of  Maiden,  Maguire  of  Boston,  Shea  of  Dalton 
and  Costello  of  Boston. 

On  Judicial  Procedure.  —  Messrs.  Pillsbury  of  Wellesley, 
Hibbard  of  Pittsfield,  French  of  Randolph,  Kenefick  of  Palmer, 
Johnson  of  Worcester,  Adams  of  Springfield,  Coakley  of  Boston, 
Hutchings  of  Dedham,  Clark  of  Wilmington,  Hamilton  of  Athol, 
Mitchell  of  New  Bedford,  Bassett  of  Taunton,  MacMaster  of 
Bridgewater,  Smith  of  Lynnfield  and  Murley  of  Boston. 

On  Education.  —  Messrs.  Wellman  of  Topsfield,  Wheeler  of 
Concord,  Coombs  of  Worcester,  Winslow  of  Newton,  Boyden  of 
Deerfield,  Cummings  of  North  Brookfield,  Linke  of  West  Spring- 
field, Hall  of  North  Adams,  Foss  of  Springfield,  Whittier  of 
Winthrop,  Donnelly  of  Lawrence,  Chase  of  Lynn,  Luke  L.  Kelly 
of  Boston,  Peirce  of  Methuen  and  John  W.  Daly  of  Lowell. 

On  Amendment  and  Codification  of  the  Constitution.  —  Messrs. 
Hart  of  Cambridge,  Washburn  of  Middleborough,  Richardson  of 
Newton,  Bolster  of  Boston,  Sullivan  of  Lawrence,  Thompson  of 
Haverhill,  Mclsaac  of  Boston,  Cook  of  Northampton,  Horgan  of 
Boston,  Garland  of  Somerville,  Doran  of  New  Bedford,  Crossley 
of  Fall  River,  Coughlan  of  Boston,  O'Connor  of  Chicopee  and 
Creed  of  Boston. 

On  Elections.  —  Messrs.  George  of  Haverhill,  Dean  of  Fall 
River,  Moore  of  Swampscott,  Perry  of  Boston,  White  of  North 
Brookfield,  Green  of  Boston,  Ray  of  Sutton,  Timothy  J.  Driscoll 
of  Boston  and  Peterson  of  Brockton. 

*  Mr.  Dutch  tr:uiMfrrn>d  to  committee  on  State  Administration,  June  25;  vacancy  filled,  June  26, 
by  the  appointment  of  Mr.  Bryant  of  Milton. 


46 


JOURNAL  OF  THE  CONVENTION, 


On  Contingent  Expenses  and  Pay-Roll.  —  Messrs,  Curtis  of 
Revere,  Wonson  of  Gloucester,  Twomey  of  Lawrence,  Nestor  of 
Lowell  and of .* 

On  Form  and  Phraseology.  —  Messrs.  Loring  of  Beverly,  Black- 
mur  of  Quincy,  Bartlett  of  Newburyport,  Ellis  of  Springfield  and 
McCormack  of  Boston. 


Committee 
hearings,  — 
bulletin  and 
daily  list. 


Members,  com- 
mittees and 
rules,  — 
pamphlet. 


Bulletins  of  Committee  Hearings. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  au- 
thorized and  instructed  to  have  prepared  and  printed  a  Bulletin 
of  Committee  Hearings,  containing  assignments  of  dates  for  com- 
mittee hearings,  and  a  record  of  the  action  of  the  standing  com- 
mittees and  the  Committee  of  the  Whole  on  the  matters 
before  them.  Also  that  said  committee  be  authorized  to  have 
prepared  and  printed,  during  the  period  in  which  committee 
hearings  are  being  held,  a  Daily  List  of  Committee  Hearings. 

Pamphlet  of  Members,  Committees  and  Rules. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  Secretary  be  authorized  to  prepare  a 
pamphlet  containing  a  list  of  members  of  the  Convention;  a  list 
of  the  committees;  and  the  rules  of  the  Convention  properly  re- 
arranged for  symmetry  and  convenience  of  reference;  and  that 
1,000  copies  of  this  pamphlet  be  printed. 


Diagram  of 
seating  arrange- 
ment. 


Diagram  of  Seats. 

On  motion  of  Mr.  Keliher  of  Boston,  — 

Ordered,  That  the  Secretary  cause  to  be  prepared  a  diagram 
showing  the  arrangement  of  seats  in  the  Convention  Chamber, 
and  furnish  each  member  with  a  copy  thereof. 


Convention 
information  for 
other  states. 


Convention  Information  for  Other  States. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,  That  the  State  Printers  be  authorized  to  supply  copies 
of  publications  of  the  commission  appointed  to  compile  informa- 
tion and  data  for  the  Convention  for  the  Constitutional  Conven- 
tion of  the  State  of  Indiana  and  for  any  other  State  that  may 
apply  for  them;  provided,  that  the  same  shall  not  entail  any 
additional  expense  upon  this  Commonwealth. 


Claims  for  Seats  in  the  Convention. 

Jasper  N.  A  communication  from  Jasper  N.  Johnson  of  Medford, 

Medford,—        ing  to  have  been  elected  to  membership  in  the  Convention  from 
claim  for  a  seat.  tne  Twenty-fifth  Middlesex  Representative  District,   was  read; 
and  it  was  referred  to  the  committee  on  Elections. 

On  motion  of  Mr.  Moriarty  of  Boston,  — 

Patrick  H.  Ordered,  That  the  communication  from  Patrick  H.  Jennings  of 

of  Boston,--      Boston,  claiming  election  as  a  delegate  at  large  and  petitioning 

claim  for  a  seat. — — — 

*  Vacancy  filled,  October  16,  by  the  appointment  of  Mr.  Bird  of  Walpole. 


TUESDAY,  JUNE  19,  1917.  47 

for  an  examination  and  recount  of  all  ballots  cast  for  delegates  at 
large,  be  taken  from  the  files  and  referred  to  the  committee  on 
Elections. 

Mr.  Quincy  of  Boston  offered  the  following  order:  — 

Whereas,  It  appears  from  the  returns  of  votes  cast  for  delegate  James  J. 
to  the  Constitutional  Convention  in  the  Fourth  Suffolk  Repre-  ^g^T'M^' and 
sentative  District  that  James  J.  Mullen,  Jr.,  of  Boston  has  eight  Sullivan,  — 
hundred  and  forty-five   (845)  votes  and  Joseph  M.  Sullivan  of 
Boston  has  eight  hundred  and  forty-five  (845)  votes,  thus  result- 
ing in  a  tie;  it  is  hereby 

Ordered,  That  both  said  Mullen  and  Sullivan  be  entitled  to 
seats  in  this  Convention,  each  with  one-half  vote. 

The  same  member  moved  that  the  order  be  referred  to  the 
committee  on  Elections;  and  this  motion  was  adopted. 

Proposals  to  Amend  the  Constitution. 

Resolutions  were  severally  presented  and  referred  as  follows :  — 
By  Mr.  Lomasney  of  Boston,  Resolution  to  prohibit  the  sup-  Sectarian 
port  of  institutions  from  public  funds  (Doc.  No.  2). 
To  the  committee  on  Bill  of  Rights. 

By  Mr.   Adams  of  Quincy,   Resolution  relative  to  extending  Police  power,  — 
the  application  of  the  decisions  of  the  Supreme  Judicial  Court 
as  to  the  police  power,  so-called  (Doc.  No.  3). 

By  Mr.  Sawyer  of  Ware,  Resolution  relative  to  the  appoint- 
ment  of  Councillors  by  the  Governor  (Doc.  No.  4). 

Severally  to  the  committee  on  the  Executive. 

By  Mr.  Leonard  of  Boston,  Resolution  relative  to  service  on  Legislative 
certain  legislative  recess  committees  and  commissions  (Doc.  mittees°m 
No.  5). 

By  Mr.  Sawyer  of  Ware,  Resolution  relative  to  the  apportion-  E6 
ment  of  members  of  the  General  Court  (Doc.  No.  6).  ment  of 

Severally  to  the  committee  on  The  General  Court. 

By  Mr.   Walker  of  Brookline,   Resolution  to  provide  for  es- 
tablishing  the  initiative  and  referendum  (Doc.  No.  7). 
To  the  committee  on  Initiative  and  Referendum. 

By  Mr.  Loring  of  Beverly,  Resolution  to  provide  for  securing  Courts,— 
freedom  and  equality  of  justice  in  the  courts  of  the  Common-  ^SaStJof 
wealth  to  all  persons  (Doc.  No.  8).  ^iice- 

To  the  committee  on  Judicial  Procedure. 

By  Mr.   Bigney  of    Boston,  Resolution   relative   to  authoriz-  Necessaries 
ing  the  General  Court  to  enact  laws  granting  cities  and  towns  pubUc  supply, 
authority   to   purchase   and    sell    the   necessaries    of  life    (Doc. 
No.  9). 

By  Mr.  Boynton  of  Everett,  Resolution  relative  to  the  buying  id. 
and  selling  of  merchandise  and  commodities  by  the  Common- 
wealth and  by  cities  and  towns  (Doc.  No.  10). 

By  Mr.  Shea  of  Cambridge,  Resolution  relative  to  authorizing  id. 
the  General  Court  to  enact  laws  granting  authority  to  state  and 


48 


JOUKNAL  OF  THE  CONVENTION, 


Health 
insurance. 

Old  age 
pensions. 


State  election, 
—  date. 


Income  tax. 


Homesteads,  — 
tax  exemption. 


Submission  to 
the  people  of  a 
constitution 
and  amend- 
ments. 


Next  session. 


municipal   officers    to    seize    and*  sell   food  supplies    (Doc.    No. 
11). 

Severally  to  the  committee  on  Public  Affairs. 

By  Mr.  Carr  of  Hopkinton,  Resolution  relative  to  the  provid- 
ing of  non-contributory  health  insurance  (Doc.  No.  12). 

By  the  same  member,  Resolution  relative  to  the  providing  of 
non-contributory  old  age  pensions  (Doc.  No.  13). 

Severally  to  the  committee  on  Social  Insurance. 

By  Mr.  Sawyer  of  Ware,  Resolution  relative  to  the  date  for 
holding  the  annual  state  election  (Doc.  No.  14). 
To  the  committee  on  Suffrage. 

By  Mr.  Sawyer  of  Ware,  Resolution  relative  to  the  levying  of 
a  graduated  income  tax  (Doc.  No.  15). 

By  the  same  member,  Resolution  relative  to  the  exemption 
from  taxation  of  certain  real  estate  held  and  used  for  homestead 
purposes  (Doc.  No.  16). 

Severally  to  the  committee  on  Taxation. 

Submission  of  Constitution  and  Amendments. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  referred  to  the  committee  on  Amend- 
ment and  Codification  of  the  Constitution,  on  motion  of  Mr. 
Hart  of  Cambridge:  — 

Ordered,  That  the  work  of  the  Massachusetts  Constitutional 
Convention  shall  take  the  form  of  a  main  constitution  and  of  a 
series  of  separate  amendments,  to  be  designated  by  the  Con- 
vention; 

Ordered,  That  the  main  constitution  shall  be  based  upon  the 
present  Constitution  and  the  amendments  now  in  force,  with  such 
changes  in  phraseology,  contents  and  order  as  the  Convention 
may  deem  desirable; 

Ordered,  That  the  main  constitution  and  the  separate  amend- 
ments shall  be  submitted  to  a  vote  of  the  people  in  such  form 
that  the  main  constitution  and  each  of  the  separate  amend- 
ments shall  be  voted  upon  separately; 

Ordered,  That  in  case  the  main  constitution  should  not  be 
adopted,  those  separate  amendments  that  shall  be  adopted  each 
for  itself,  shall  become  amendments  and  parts  of  the  present 
Constitution. 

Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Maguire  of  Boston,  — 

Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn 
to  meet  to-morrow  at  two  o'clock  P.M. 


At  twenty-six  minutes  before  three  o'clock,  on  motion  of  Mr. 
Bullock  of  New  Bedford,  the  Convention  adjourned. 


WEDNESDAY,  JUNE  20,   1917.  49 


WEDNESDAY,  June  20,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

The  Secretary  announced  the  temporary  absence  of  the  Presi- 
dent, and  stated  that  Mr.  Luce  of  Waltham  had  been  appointed 
to  perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Advertisement  of  Committee  Hearings. 

Mr.  Edwin  U.  Curtis  of  Boston  offered  the  following  order:  — 
Ordered,   That  committee  hearings  be  advertised  in  the  manner  Committee 
provided  by  law  for  the  advertisement  of  hearings  by  committees 
of  the  General  Court. 

Mr.  Underbill  of  Somerville  moved  that  the  order  be  referred 
to  the  committee  on  Rules  and  Procedure.  After  debate  (Mr. 
Malone  of  Greenfield  being  in  the  chair)  this  motion  was  nega- 
tived; and  the  order  was  adopted,  by  a  vote  of  102  to  80. 

Compensation  of  Members. 

On  motion  of  Mr.  Curtis  of  Revere  (the  President  having 
taken  the  chair),  — 

Ordered,    That    the   committee   on    Contingent    Expenses    and 
Pay-Roll  determine  and  report  to  the  Convention  the  manner  in  manner  of  ' 
which  compensation  shall  be  paid  to  the  members. 

Printing  of  Revised  Constitution. 

On  motion  of  Mr.  Horgan  of  Boston,  — 

Ordered,  That  there  be  printed,  for  the  use  of  the  members  of  ^StfcJST' 
the    Convention    and    of    the    committee    on    Amendment    and  adjusted  text. 
Codification  of  the  Constitution,  an  adjusted  text  of  the  Massa- 
chusetts Constitution  as  prepared  by  the  commission  appointed  to 
compile  information  and  data  for  the  Convention.     (Doc.  No.  302.) 

Information  for  the  Voters. 

On  motion  of  Mr.  Garland  of  Somerville,  — 

Ordered,  That  the  committee  on  Amendment  and  Codification  voters,— 
of  the  Constitution  consider  the  advisability  of  causing  to  be 
prepared,  printed  and  mailed  to  the  voters  of  the  Commonwealth 
before  the  state  election  information  relative  to  proposed  amend- 
ments to,  and  codification  of,  the  Constitution. 


50 


JOURNAL  OF  THE  CONVENTION, 


Codifica- 
tion of  the 
Constitution. 

Id. 


Id. 


Sectarian 
appropriations . 


Preamble  of 
the  Constitu- 
tion. 

Individual 
rights;  public 
welfare. 


Council,  — 
duties  of 
county  com- 
missioners. 


Universities, 
equal  basis. 


Senate,  — 
president. 

General  Court, 
—  biennial 


Initiative  and 
referendum. 


Judge  and 
jurors,  — 
challenge. 
Id. 


Labor  rights; 
injunctions  in 
labor  disputes. 


Proposals  to  Amend  the  Constitution. 

Resolutions  were  severally  presented  and  referred  as  follows:  - 

By  Mr.  Bolster  of  Boston,  Resolution  to  provide  for  the  codi- 
fication of  the  Constitution  after  amendment  (Doc.  No.  17). 

By  Mr.  Doran  of  New  Bedford,  Resolution  relative  to  recon- 
vening the  Constitutional  Convention  for  the  purpose  of  codify- 
ing the  Constitution  (Doc.  No.  18). 

By  Mr.  Luce  of  Waltham,  Resolution  relative  to  rearrange- 
ment of  the  Constitution  after  the  submission  of  proposed 
amendments  to  the  people  (Doc.  No.  19). 

Severally  to  the  committee  on  Amendment  and  Codification  of 
the  Constitution. 

By  Mr.  George  of  Haverhill,  Resolution  to  establish  religious 
freedom  and  to  prevent  appropriations  of  public  moneys  for  the 
support  of  denominational  institutions  (Doc.  No.  20). 

By  Mr.  Theller  of  New  Bedford,  Resolution  providing  for  an 
amendment  of  the  preamble  of  the  Constitution  (Doc.  No.  21). 

By  the  same  member,  Resolution  providing  that  the  rights  of 
individuals  shall  not  prevent  public  authorities  from  controlling 
business  enterprises  in  the  interest  of  public  welfare  (Doc.  No. 
22). 

Severally  to  the  committee  on  Bill  of  Rights. 

By  Mr.  Swig  of  Taunton,  Resolution  relative  to  giving  the 
Council  the  powers  and  duties  of  county  commissioners  (Doc. 
No.  23). 

To  the  committee  on  County  and  District  Government. 

By   Mr.    Michelman   of   Boston,    Resolution   to   establish   all 
universities  in  the  Commonwealth  on  an  equal  basis  (Doc.  No.  24). 
To  the  committee  on  Education. 

By  Mr.  Barnes  of  Mansfield,  Resolution  relative  to  the  Presi- 
dency of  the  Senate  (Doc.  No.  25). 

By  Mr.  Michelman  of  Boston,  Resolution  relating  to  biennial 
sessions  of  the  General  Court  (Doc.  No.  26). 

Severally  to  the  committee  on  The  General  Court. 

By  Mr.  Finn  of  Chelsea,  Resolution  to  provide  for  establishing 
the  initiative  and  referendum  for  cities  and  towns  (Doc.  No.  27). 
To  the  committee  on  Initiative  and  Referendum. 

By  Mr.  Swig  of  Taunton,  Resolution  relative  to  the  challenge 
of  judge  and  jurors  in  civil  causes  (Doc.  No.  28). 

By  the  same  member,  Resolution  relative  to  the  challenge  of 
judge  and  jurors  in  criminal  causes  (Doc.  No.  29). 

Severally  to  the  committee  on  Judicial  Procedure. 

By  Mr.  Donovan  of  Lawrence,  Resolution  that  labor  be  held 
to  be  a  personal  and  not  a  property  right  and  that  the  issue  of 
injunctions  be  limited  in  labor  disputes  (Doc.  No.  30). 

The  same  member  moved  that  the  resolution  be  referred  to  the 
committee  on  Labor;  and  this  motion  was  negatived. 

The  resolution  was  then  referred  to  the  committee  on  Judicial 
Procedure. 


WEDNESDAY,  JUNE  20,   1917.  51 


By  Mr.  Bodfish  of  Barnstable,  Resolution  relative  to  capital 
punishment  (Doc.  No.  31).- 

By  Mr.  Michelman  of  Boston,  Resolution  to  abolish  the  office  Office  of 
of  notary  public  as  an  office  under  the  Constitution  (Doc.  No   notary  Public- 
32). 

By  the  same  member,  Resolution  to  abolish  the  office  of  jus-  Office  of 
tice  of  the  peace  as  an  office  under  the  Constitution  (Doc.  j™31106^ 
No.  33). 

Severally  to  the  committee  on  the  Judiciary. 

By  Mr.  Swig  of  Taunton,  Resolution  relative  to  home  rule  for  Cities,  - 

Cities  (DOC.  No.  34).  home  rule, 

To  the  committee  on  Municipal  Government. 

By  Mr.  Avery  of  Holyoke,  Resolution  relative  to  providing  for  Old  age 
contributory  old  age  insurance  (Doc.  No.  35).  insurance. 

By  the  same  member,   Resolution  relative    to  providing    for  Unempioy- 
contributory  unemployment  insurance  (Doc.  No.  36). 

By  the  same  member,  Resolution  relative  to  providing  for  non-  Accident,  sick- 
contributory  accident,  sickness  and  invalid  insurance  (Doc.  No.  vSfd^uSnce. 
37). 

By   Mr.   Bodfish   of   Barnstable,   Resolution  relative  to  state  state  pensions. 
pensions  (Doc.  No.  38). 

By  the  same  member,   Resolution  authorizing  the  Common-  state 
wealth  to  insure  persons  or  property  (Doc.  No.  39). 

Severally  to  the  committee  on  Social  Insurance. 

By  Mr.  Bailey  of  Somerville,  Resolution  providing  for  biennial 
elections  of  state  officers,  councillors  and  members  of  the  Gen-  sessions. 
eral  Court,  and  for  biennial  sessions  of  the  General  Court  (Doc. 
No.  40). 

By  Mr.  McAnarney  of  Quincy,  Resolution  providing  that  all  Compulsory 
persons  qualified  to  become  legal  voters  shall  register  and  vote  v< 
at  elections  (Doc.  No.  41). 

By  Mr.  Sawyer  of  Ware,  Resolution  to  provide  for  absentee  Absentee 
voting  (Doc.  No.  42).  voting- 

Severally  to  the  committee  on  Suffrage. 

By  Mr.  Walsh  of  Fitchburg,  Resolution  relative  to  authorizing  Tax  on 
the  Legislature  to  levy  a  graduated  surtax  on  large  incomes  (Doc.  incomes- 
No.  43). 

To  the  committee  on  Taxation. 

Printing  of  Journal,  Commission  Reports  and  Debates. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the 
adoption  of  the  following  order  [Mr.  Underhill  of  Somerville 
dissenting]  :  — 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized  ^tnr^gtf0d 
to  contract  with  the  Wright  and  Potter  Printing  Company,  at  permanent 
prices  not  exceeding  those  paid  by  the  Commonwealth  under  its 
contract  with  said  company,  for  the  printing  and  publishing  of 
not  more  than  three  thousand  copies  of  the  Journal  of  the  Con- 
vention, in  addition  to  the  sheets  furnished  for  daily  require- 


JOURNAL   OF   THE   CONVENTION, 

merits;  of  not  more  than  two  thousand  copies  of  the  reports  of 
the  commission  appointed  to  compile  information  and  data; 
and  of  not  nore  than  three  thousand  copies  of  the  Debates  of 
the  Convention; 

Ordered,  That  the  volume  or  volumes  of  the  Debates  of  the 
Convention  be  confined  to  verbatim  reports  of  debates  in  the 
Convention,  or  in  Committee  of  the  Whole,  concerning  proposals 
to  revise  or  amend  the  Constitution,  or  questions  relating  to 
(1)  the  form,  manner  or  time  of  submitting  to  the  people  any 
amendments  adopted  by  the  Convention,  (2)  the  powers  or 
rights  of  the  Convention  or  any  of  its  members,  (3)  the  returns 
of  elections  of  its  members  or  the  filling  of  vacancies  in  its  mem- 
bership, (4)  the  record  of  its  proceedings  or  debates,  or  the  print- 
ing or  publishing  of  the  same;  together  with  such  appendices, 
index  and  other  matter  as  the  committee  on  Rules  and  Pro- 
cedure may  deem  it  desirable  to  have  published  in  such  reports; 

Ordered,  That  one  copy  of  the  Journal  of  the  Convention,  of 
the  reports  of  the  commission  appointed  to  compile  information 
and  data,  and  of  the  Debates  of  the  Convention,  be  furnished  to 
each  member  of  the  Convention;  that  not  more  than  five  hun- 
dred copies  of  the  journal,  commission  reports  and  debates  be 
distributed  to  libraries  and  for  other  purposes  of  education,  or  to 
officials;  and  that  the  remainder  of  the  copies  be  sold  at  a  price 
approximating  the  cost  of  paper,  press-work  and  binding; 

Ordered,  That  provision  be  made  by  the  committee  on  Rules 
and  Procedure  for  the  preparation,  publication,  distribution  and 
sale  of  the  volumes  herein  referred  to,  and  of  such  other  docu- 
ments or  reports  as  may  hereafter  be  ordered  to  be  printed; 

Ordered,  That  all  motions  for  printing,  except  in  the  Journal 
or  Calendar,  and  all  motions  for  the  purchase  of  publications, 
shall  be  referred  to  the  committee  on  Rules  and  Procedure  for 
report  before  final  action. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders  of 
the  Day  for  the  next  session. 

Adjournment  and  Hour  of  Meeting. 

Mr.  Trefry  of  Marblehead  moved  that  the  Convention  adjourn, 
to  meet  to-morrow  at  two  o'clock  P.M.;  and  this  motion  was 
adopted.  Accordingly,  at  fifteen  minutes  before  three  o'clock, 
the  Convention  adjourned. 


THURSDAY,  JUNE  21,   1917.  53 


THURSDAY,  June  21,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Edwin  H.  Hughes,  D.D.,  Resident 
Bishop  at  Boston  of  the  Methodist  Episcopal  Church. 

Privileges  of  the  Social  Law  Library. 

A  communication  on  behalf  of  the  Trustees  of  the  Social  Law  Privileges  of 
Library,  signed  by  their  President,  offering   to  the  members  of  £^^ar 
the   Convention  the  privileges  of  the  library,  was  read;   and  it 
was  placed  on  file. 

On  motion  of  Mr.  Dutch  of  Winchester,  - 
Voted,  That  the  thanks  of  the  Convention  be  extended  to  the 
officials  of  the  Social  Law  Library  for  their  courtesy. 

Credentials  of  Members  of  the  Convention. 

A  communication  from  Timothy  L.   Connolly  of  Boston,  re-  committee  on 
questing  the  Convention  to  appoint  a  committee  on  Credentials  Credentials,— 
and  that  opportunity  be  given  for  appearance  before  said  com-  memb^rs^5"11 
mittee  to  protest  against  the  holding  of  seats  by  certain  members  hold  seats- 
of  the  Convention,  was  referred  to  the  committee  on  Elections. 

Proposals  to  Amend  the  Constitution. 
Resolutions  were  severally  presented  and  referred  as  follows :  - 

By  President  Bates,  Resolutions  of  the  Essex  South  Associa-  sectarian 
tion   of   Congregational    Churches   and   Ministers   remonstrating  appropriations; 
against  the  use  of  public  funds  for  sectarian  purposes,  and  pray-  prohibition, 
ing   the   Convention   to   submit   to   the   people   the   question   of 
state-wide  prohibition  of  the  liquor  traffic. 

So  much  thereof  as  relates  to  sectarian  appropriations,  to  the  id. 
committee  on  Bill  of  Rights;  and 

So  much  thereof  as  relates  to  state-wide  prohibition,  to  the 
committee  on  the  Liquor  Traffic. 

By  Mr.  Adams  of  Quincy,  Resolution  providing  for  the  election  General  Court,. 
of  members  of  the  House  of  Representatives  by  a  list  system  of  —proportional 

,.          |  ,          /TV          -vr        A  A\  representation.. 

proportional  representation  (Doc.  No.  44). 

By  Mr.  Donoghue  of  Boston,  Resolution  for  proportional  repre-  Id 
sentation  in  the  General  Court  (Doc.  No.  45). 

Severally  to  the  committee  on  The  General  Court. 

By  Mr.  Bassett  of  Taunton,  Resolution  for  the  regulation  of  Trial  by  jury. 
trial  by  jury  (Doc.  No.  46), 

To  the  committee  on  Judicial  Procedure. 

By    Mr.    Creamer    of    Lynn,    Resolution    limiting    the    power  powerofthe 
of  the  courts  to  declare  statutes  to  be  unconstitutional   (Doc. 
No.  47). 


JOURNAL   OF   THE   CONVENTION, 


District 
attorneys,  — 
appointment. 
Verdicts  of 
juries. 


State 
prohibition. 


Id. 


life,  —  public 
supply. 


Old  age 
pensions. 


By  Mr.  Hibbard  of  Pittsfield,  Resolution  providing  for  the 
appointment  of  district  attorneys  (Doc.  No.  48). 

By  Mr.  Johnson  of  Worcester,  Resolution  relative  to  verdicts 
of  juries  in  civil  causes  (Doc.  No.  49). 

Severally  to  the  committee  on  the  Judiciary. 

By  President  Bates,  Resolution  of  the  Taunton  Association  of 
Congregational  Churches  in  favor  of  state  prohibition  as  a  part 
of  the  Constitution  of  the  Commonwealth. 

By  Mr.  Bergengren  of  Lynn,  Resolution  relative  to  the  prohi- 
bition of  the  manufacture,  importation,  sale  and  distribution  of 
spirituous  and  intoxicating  liquors  within  the  Commonwealth  of 
Massachusetts  (Doc.  No.  50). 

Severally  to  the  committee  on  the  Liquor  Traffic. 

By  Mr.  Brackett  of  Arlington,  Resolution  relative  to  empower- 
ing the  General  Court  to  authorize  the  taking  of  food  stuffs,  fuel 
and  other  necessaries  of  life  for  sale  to  the  inhabitants  of  the 
Commonwealth,  and  to  the  towns  and  cities  thereof,  and  to  au- 
thorize towns  and  cities  to  buy  such  necessaries  of  life  for  sale  to 
their  inhabitants  (Doc.  No.  51). 

To  the  committee  on  Public  Affairs. 

By  Mr.  Donoghue  of  Boston,  Resolution  for  a  special  tax  to 
provide  pensions  for  the  aged  and  needy  (Doc.  No.  52). 
To  the  committee  on  Social  Insurance. 


Public 
state  fund  for 


By  Mr.  Richardson  of  Newton,  Resolution  to  provide  for  the 
regulation  of  advertising  in  public  places  (Doc.  No.  53). 

By  Mr.  William  H.  Sullivan  of  Boston,  Resolution  providing 
for  a  state  fund  for  workmen's  compensation  (Doc.  No.  54). 

Severally  to  the  committee  on  Social  Welfare. 

Officeholders,         By  Mr.   George  of  Haverhill,   Resolution  relative  to  the  ap- 
'*  pointment  of  certain  public  officials  to  public  office  while  holding 
positions  in  the  public  service  (Doc.  No.  55). 

By  Mr.  Stoneham  of  Boston,  Resolution  providing  that  the 
Secretary  of  the  Commonwealth,  Treasurer  and  Receiver-Gen- 
eral, Auditor  of  the  Commonwealth  and  Attorney-General  be 
appointed  by  the  Governor  (Doc.  No.  56). 

Severally  to  the  committee  on  State  Administration. 

By  Mr.  Theller  of  New  Bedford,  Resolution  providing  for  an 
executive  budget  (Doc.  No.  57). 
To  the  committee  on  State  Finance. 


to 

State  officers, 
—  appoint- 
ment. 


Executive 
budget. 


Absentee 
voting. 


Corporations, 
—  taxation. 


Assessments, 
rates  and 
taxes. 


By  Mr.   Parker  of  Lancaster,   Resolution  to  provide  for  ab- 
sentee voting  (Doc.  No.  58). 
To  the  committee  on  Suffrage. 

By  Mr.  Creamer  of  Lynn,  Resolution  requiring  proportional 
taxation  of  the  franchise  value  of  business  corporations  (Doc. 
No.  59). 

By  the  same  member,  Resolution  providing  for  striking  out 
the  requirement  that  all  assessments,  rates  and  taxes  be  pro- 
portional (Doc.  No.  60). 


THURSDAY,  JUNE  21,    1917.  55 

By  Mr.   Good  of  Cambridge,   Resolution  providing  for  com-  LOSS  of  taxable 
pensating  cities  and  towns  for  loss  of  taxation  on  property  of  ^ensatlon 
educational  institutions  (Doc.  No.  61). 

By  Mr.  Parkman  of  Boston,  Resolution  relative  to  the  levying  Poll  taxes. 
of  poll  taxes  (Doc.  No.  62). 

Severally  to  the  committee  on  Taxation. 


On  motion  of  Mr.  Kenny  of  Boston,  — 

Ordered,  That  the  committee  on  the  Judiciary  consider  the  expedi-  Prompt 
ency  of  so  revising  the  Constitution  as  to  give  efficacy  to  the  remedy  in  law- 
eleventh  article  of  the  Declaration  of  Rights,  granting  the  subject 
a  certain  remedy  in  law,  promptly  and  without  delay. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day.  9 

The  following  order  was  considered;  and  after  debate  it  was 
adopted,  by  a  vote  of  157  to  26:  — 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized  Printing  and 
to  contract  with  the  Wright  and  Potter  Printing  Company,  at 
prices  not  exceeding  those  paid  by  the  Commonwealth  under  its 
contract  with  said  company,  for  the  printing  and  publishing  of 
not  more  than  three  thousand  copies  of  the  Journal  of  the  Con- 
vention, in  addition  to  the  sheets  furnished  for  daily  require- 
ments; of  not  more  than  two  thousand  copies  of  the  reports  of 
the  commission  appointed  to  compile  information  and  data; 
and  of  not  more  than  three  thousand  copies  of  the  Debates  of 
the  Convention; 

Ordered,  That  the  volume  or  volumes  of  the  Debates  of  the 
Convention  be  confined  to  verbatim  reports  of  debates  in  the 
Convention,  or  in  Committee  of  the  Whole,  concerning  proposals 
to  revise  or  amend  the  Constitution,  or  questions  relating  to 
(1)  the  form,  manner  or  time  of  submitting  to  the  people  any 
amendments  adopted  by  the  Convention,  (2)  the  powers  or 
rights  of  the  Convention  or  any  of  its  members,  (3)  the  returns 
of  elections  of  its  members  or  the  filling  of  vacancies  in  its  mem- 
bership, (4)  the  record  of  its  proceedings  or  debates,  or  the  print- 
ing or  publishing  of  the  same;  together  with  such  appendices, 
index  and  other  matter  as  the  committee  on  Rules  and  Pro- 
cedure may  deem  it  desirable  to  have  published  in  such  reports; 

Ordered,  That  one  copy  of  the  Journal  of  the  Convention,  of 
the  reports  of  the  commission  appointed  to  compile  information 
and  data,  and  of  the  Debates  of  the  Convention,  be  furnished  to 
each  member  of  the  Convention;  that  not  more  than  five  hun- 
dred copies  of  the  journal,  commission  reports  and  debates  be 
distributed  to  libraries  and  for  other  purposes  of  education,  or  to 
officials;  and  that  the  remainder  of  the  copies  be  sold  at  a  price 
approximating  the  cost  of  paper,  press-work  and  binding; 

Ordered,  That  provision  be  made  by  the  committee  on  Rules 
and  Procedure  for  the  preparation,  publication,  distribution  and 
sale  of  the  volumes  herein  referred  to,  and  of  such  other  docu- 
ments or  reports  as  may  hereafter  be  ordered  to  be  printed; 


56 


Labor  rights; 
injunctions  in 
labor  disputes. 


Next  session. 


JOURNAL   OF  THE   CONVENTION, 

Ordered,  That  all  motions  for  printing,  except  in  the  Journal 
or  Calendar,  and  all  motions  for  the  purchase  of  publications, 
shall  be  referred  to  the  committee  on  Rules  and  Procedure  for 
report  before  final  action. 

Change  in  a  Committee  Reference. 

Mr.  Donovan  of  Lawrence  moved  that  the  committee  on  Judi- 
cial Procedure  be  discharged  from  the  further  consideration  of 
the  Resolution  that  labor  be  held  to  be  a  personal  and  not  a 
property  right  and  that  the  issue  of  injunctions  be  limited  in 
labor  disputes  (Doc.  No.  30),  and  that  the  resolution  be  referred 
to  the  committee  on  Labor.  After  debate  this  motion  was 
adopted,  by  a  vote  of  99  to  91. 

Subsequently  Mr.  Buttrick  of  Lancaster  moved  that  the  vote 
be  reconsidered;  and  this  motion,  under  the  rule,  was  placed  in 
the  Orders  of  the  Day  for  the  next  session. 

Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn 
to  meet  on  Monday  next  at  ten  o'clock  A.M. 


At   three    o'clock,    on    motion    of   Mr.    Washburn    of    Middle- 
borough,  the  Convention  adjourned. 


MONDAY,  JUNE  25,   1917.  57 


MONDAY,  June  25,  1917. 
Met  according  to  adjournment,  at  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Daniel  W.  Waldron  of  Boston, 
Chaplain  of  the  Massachusetts  House  of  Representatives. 

Reception  of  the  Italian  War  Mission. 

On  motion  of  Mr.  Washburn  of  Worcester,  - 

Ordered,  That  a  committee  of  eleven  members  be  appointed  The  Italian 
to  wait  upon  His  Excellency  the  Governor,  and  upon  His  Royal 
Highness  the  Prince  of  Udine  and  his  distinguished  colleagues  of 
the  Italian  War  Mission,  and  inform  them  that  the  Massachu- 
setts Constitutional  Convention  is  now  in  session  and  requests 
the  pleasure  and  the  honor  of  their  presence. 

The  President  appointed  as  the  committee  Messrs.  Washburn 
of  Worcester,  Morton  of  Fall  River,  White  of  North  Brookfield, 
Scigliano  of  Boston,  Curtis  of  Revere,  Michelman  of  Boston, 
Bosworth  of  Springfield,  Lufkin  of  Essex,  Chandler  of  Somer- 
ville,  Shea  of  Cambridge  and  Washburn  of  Middleborough;  and 
they  proceeded  to  the  discharge  of  their  duty  under  escort  of  the 
Sergeant-at- Arms . 

Soon  afterwards  Mr.  Washburn,  for  the  committee,  reported 
that  they  had  attended  to  the  duty  assigned  them,  and  that  His 
Excellency,  His  Royal  Highness,  and  other  guests  would  attend 
upon  the  Convention  forthwith. 

Thereupon  His  Excellency  the  Governor,  His  Royal  Highness 
Prince  Udine,  and  other  members  of  the  Italian  War  Mission, 
accompanied  by  various  civil  and  military  officers,  entered  the 
Convention  Chamber  under  escort  of  the  Sergeant-at-Arms. 

The  President  of  the  Convention  then  introduced  His  Excel- 
lency; and,  after  remarks  by  His  Excellency  and  the  President, 
response  was  made  by  His  Royal  Highness  the  Prince  of  Udine 
and  by  Marquis  Borsarelli  di  Riffreddo,  Under  Secretary  of 
State.  His  Excellency,  His  Royal  Highness  and  other  guests 
then  withdrew. 

Recess  was  then  taken  until  half-past  eleven  o'clock,  on  mo- 
tion of  Mr.  George  of  Haverhill,  that  the  members  might  pro- 
ceed to  Memorial  Hall  to  greet  in  person  the  distinguished 
guests. 

Proposals  to  Amend  the  Constitution. 

Resolutions  and  petitions  were  severally  presented  and  referred 
as  follows:  — 

By    Mr.    Richardson    of    Newton,    Resolution    providing    for  Future 
future  constitutional  conventions  (Doc.  No.  63).  conventions. 

By   Mr.    Ross    of   New    Bedford,    Resolution   relative   to   the  Amending  the 
method  of  amending  the  Constitution  (Doc.  No.  64). 


58 


JOURNAL  OF  THE  CONVENTION, 


By  Mr.-  Washburn  of  Middleborough,  Resolution  relative  to 
the  future  amendment  and  revision  of  the  Constitution  (Doc. 
No.  65). 

Severally  to  the  committee  on  Amendment  and  Codification 
of  the  Constitution. 


Sectarian 
appropriations. 

Id. 


Special 
privileges; 


tinction. 

Business  and 
professions,  — 
sex  discrimi- 
nation. 

Privilege  of 
accused. 

Id. 


By  Mr.  Anderson  of  Newton,  Resolution  to  prohibit  the  sup- 
port of  sectarian  institutions  from  public  funds  (Doc.  No.  66). 

By  the  same  member,  petitions  of  Frank  J.  Batcheller  and 
others  and  Frederick  L.  Anderson  and  others,  —  severally  in  aid  of 
the  Resolution  (Doc.  No.  66)  to  prohibit  the  support  of  secta- 
rian institutions  from  public  funds. 

By  Mr.  George  of  Haverhill,  Resolution  to  prevent  the  grant- 
ing of  special  privileges  and  creating  class  distinction  among  the 
people  of  this  Commonwealth  (Doc.  No.  67). 

By  Mr.  Kenny  of  Boston,  Resolution  to  prohibit  discrimination 
on  account  of  sex  in  connection  with  business  and  professions 
(Doc.  No.  68). 

By  Mr.  Walcott  of  Cambridge,  Resolution  relative  to  removing 
privilege  of  accused  to  stand  mute  (Doc.  No.  69). 

By  the  same  member,  Resolution  relative  to  removing  priv- 
ilege of  accused  to  stand  mute  without  comment  by  court,  jury 
or  counsel  (Doc.  No.  70). 

Severally  to  the  committee  on  Bill  of  Rights. 


County 
officials,  — 
manner  of 
choice. 


By  Mr.  Bartlett  of  Newburyport,  Resolution  relative  to  the 
manner  of  choice  of  district  attorneys,  clerks  of  courts,  registers 
of  probate  and  sheriffs  (Doc.  No.  71). 

To  the  committee  on  County  and  District  Government. 


School 
teachers,  — 
leave  of 
absence. 
Literature, 
learning  and 
physical  edu- 
cation. 


By  Mr.  Hobbs  of  Worcester,  Resolution  relative  to  leave  of 
absence  with  pay  for  teachers  in  the  public  schools  (Doc.  No.  72). 

By  Mr.  Maguire  of  Boston,  Resolution  relative  to  the  encour- 
agement of  literature  and  learning  and  physical  education  (Doc. 
No.  73). 

Severally  to  the  committee  on  Education. 


Powers  of 
Governor  in 
case  of 
vacancies. 


Public 
officials.  — 
removal. 


Appropriation 
bills,  —  veto 
of  items. 


Pardoning 
power. 

Executive,  — 
concentration 
of  powers. 


By  Mr.  Brackett  of  Arlington,  Resolution  to  provide  for  the 
exercise  of  the  powers  of  the  Governor  in  case  that  office  and 
the  office  of  Lieutenant-Governor  shall  both  become  vacant  (Doc. 
No.  74). 

By  Mr.  Maguire  of  Boston,  Resolution  relative  to  empowerii 
the  Governor  to  remove  from  office  certain  officials  elected  b: 
the  people  (Doc.  No.  75). 

By  Mr.  McCaffrey  of  Boston,  Resolution  relative  to  empowei 
ing  the  Governor  to  veto  items  in  appropriation  bills  (Do< 
No.  76). 

By  Mr.  Murley  of  Boston,  Resolution  vesting  the  pardoninj 
power  in  the  Governor  (Doc.  No.  77). 

By  Mr.  Newton  of  Everett,  Resolution  to  provide  for  the 
concentration  of  the  powers  and  responsibility  of  the  executive 
in  the  supreme  executive  magistrate  (Doc.  No.  78). 

Severally  to  the  committee  on  the  Executive. 


MONDAY,  JUNE  25,   1917.  59 

By  Mr.  James  H.  Brennan  of  Boston,  Resolution  to  provide  General  Court, 
that  the  apportionment  of  Representatives  be  based  upon  popu-  ~~  membership- 
lation  (Doc.  No.  79). 

By  the  same  member,  Resolution  to  provide  that  the  appor-  id. 
tionment  of  Senators  be  based  upon  population  (Doc.  No.  80). 

By  Mr.  Day  of  Winchendon,  Resolution  relative  to  the  estab-  id. 
lishment  of  districts  for  the  election  of  Representatives  to  the 
General  Court  (Doc.  No.  81). 

By  Mr.  George  of  Haverhill,  Resolution  defining  the  power  and  G6nerai  Court, 
authority  of  the  General  Court  (Doc.  No.  82). 

By  Mr.  Luce  of  Waltham,  Resolution  relative  to  adjourn-  General  Court, 
ments  of  the  General  Court  (Doc.  No.  83).  mente0""1" 

By  Mr.  Lufkin  of  Essex,  Resolution  providing  that  the  Lieu-  senate,— 
tenant-Governor  shall  preside  over  the  Senate  (Doc.  No.  84).        presidency. 

By  Mr.  Mancovitz  of  Boston,  Resolution  relative  to  the  appor-  General  Court, 
tionment  of  members  of  the  General  Court  (Doc.  No.  85).  "  membershiP- 

By  Mr.  Sheehan  of  Boston,  Resolutio*n  vesting  in  the  Governor  General  Court, 
the  right  to  adjourn  or  prorogue  the  General  Court  (Doc.  No.  86).  mendt!ourn" 

Severally  to  the  committee  on  The  General  Court. 

By   Mr.    Lyman   of   Easthampton,    Resolution   providing   for  General  Court, 
limited  sessions  of  the  General  Court  and  biennial  elections  of  jjessionlfand 
members  thereof  (Doc.  No.  87):  biennial  eiec- 

So  much  thereof  as  relates  to  limited  sessions  of  the  General 
Court,  to  the  committee  on  The  General  Court;   and 

So  much  thereof  as  relates  to  biennial  elections  of  members 
thereof,  to  the  committee  on  Suffrage. 

By  Mr.  Bartlett  of  Newburyport,  Resolution  providing  for  Acts  and  re- 
the  referendum  by  the  General  Court  of  acts  and  resolves  and  ^enSim.ref" 
parts  thereof  (Doc.  No.  88). 

To  the  committee  on  Initiative  and  Referendum. 

By  Mr.  Martin  of  Holyoke,  Resolution  relative  to  the  pay-  Acquittals,— 
ment  of  costs  to  those  acquitted  of  the  charge  of  crime  (Doc.  S1611*0 
No.  89). 

By  Mr.  Murley  of  Boston,  Resolution  relative  to  statements  Accused 
by  persons  accused  of  crimes  or  offenses  (Doc.  No.  90).  Statements. 

Severally  to  the  committee  on  Judicial  Procedure. 

By  Mr.  William  H.  Sullivan  of  Boston,  Resolution  relative  to  judicial 
the  salaries  of  judicial  officers  (Doc.  No.  91).  ±crTi.~ 

By    Mr.    Brackett    of    Arlington,    Resolution    authorizing    the  women 
appointment  of  women  to  the  offices  of  justice  of  the  peace  and 
notary  public  (Doc.  No.  92). 

By  Mr.  Buttrick  of  Lancaster,  Resolution  to  provide  for  the  united  states 
submission  to  the  people  of  amendment  or  amendments  to   the 
Constitution  of  the  United  States  before  any  action  can  be  taken 
thereon  by  the  General  Court  (Doc.  No.  93). 

By   Mr.    Donovan   of   Springfield,   Resolution  relative  to   the  Taking  of  land 
right  of  the  Commonwealth  to  take  or  to  authorize  the  taking  nn 

of  land  by  eminent  domain  (Doc.  No.  94). 

By  the  same  member,  Resolution  relative  to  the  election  of 
judges  (Doc.  No.  95). 


JOURNAL   OF   THE   CONVENTION, 


Judges,  — 

appointment, 

etc. 


Judiciary,  — 
authority. 


Intoxicating 
liquors,  — 
prohibition. 


Municipal 
home  rule. 

Id. 


Public  utilities, 
—  public  own- 
ership. 


Slaughter 
houses  and 


Grants,  fran- 
chises, privi- 
leges, etc. 


Fuel  and  ice. 


Special 
privileges. 


Cold  storage, 
—  publicity. 


Social 
insurance. 

State  fire 
insurance. 

Compulsory 
insurance  of 
employees. 
Employees,  — 
state  insurance. 


Compulsory 
death  benefits. 


Employees,  — 
health  and 
safety. 


By  Mr.  Merriam  of  Framingham,  Resolution  providing  for  the 
appointment,  removal  and  retirement  of  judges  and  their  tenure 
of  office  (Doc.  No.  96). 

By  Mr.  Stoeber  of  Adams,  Resolution  to  prohibit  the  judiciary 
from  nullifying  or  suspending  laws  (Doc.  No.  97). 

Severally  to  the  committee  on  the  Judiciary. 

By  Mr.  Newton  of  Everett,  Resolution  relative  to  the  prohi- 
bition of  the  manufacture,  sale,  keeping  for  sale,  importation, 
transportation  and  exportation  of  intoxicating  liquors  (Doc.  No. 
98). 

To  the  committee  on  the  Liquor  Traffic. 

By  Mr.  Creamer  of  Lynn,  Resolution  providing  for  home  rule 
for  cities  and  towns  (Doc.  No.  99). 

By  Mr.  Harriman  of  New  Bedford,  Resolution  to  provide  for  a 
larger  measure  of  home  rule  for  cities  and  towns  (Doc.  No.  100). 

Severally  to  the  committee  on  Municipal  Government. 

By  Mr.  Boucher  of  New  Bedford,  Resolution  relative  to  em- 
powering cities  and  towns  to  acquire,  own  and  operate  public 
utilities  (Doc.  No.  101). 

By  Mr.  Creamer  of  Lynn,  Resolution  empowering  cities  and 
towns  to  establish  and  maintain  slaughter  houses  and  cold  stor- 
age warehouses  (Doc.  No.  102). 

By  Mr.  Delaney  of  Holyoke,  Resolution  relative  to  the  revoca- 
tion or  alteration  of  grants,  franchises,  privileges  or  immunities 
(Doc.  No.  103). 

By  the  same  member,  Resolution  relative  to  the  production, 
manufacture  or  purchase  and  sale  of  fuel  and  ice  (Doc.  No.  104). 

By  Mr.  Michelman  of  Boston,  Resolution  relative  to  prohibit- 
ing the  granting  of  special  privileges  to  individuals,  corporations 
or  associations  (Doc.  No.  105). 

By  Mr.  Sheehan  of  Boston,  Resolution  requiring  publicity  as  to 
food  kept  in  cold  storage  (Doc.  No.  106). 

Severally  to  the  committee  on  Public  Affairs. 

By  Mr.  Donovan  of  Springfield,  Resolution  to  provide  for 
social  insurance  by  the  Commonwealth  (Doc.  No.  .107). 

By  Mr.  Finn  of  Chelsea,  Resolution  relative  to  creating  a  state 
fire  insurance  fund  (Doc.  No.  108). 

By  Mr.  William  H.  Sullivan  of  Boston,  Resolution  authorizing 
compulsory  insurance  of  employees  (Doc.  No.  109). 

By  Mr.  Wonson  of  Gloucester,  Resolution  authorizing  state 
insurance  of  workers  against  accident,  sickness,  invalidity,  old 
age  and  unemployment  (Doc.  No.  110). 

By  the  same  member,  Resolution  providing  for  compulsory 
death  benefits  for  dependents  of  persons  engaged  in  the  public 
service  in  times  of  war  and  national  or  state  emergency  and 
of  persons  engaged  in  hazardous  employments  at  all  times  (Doc. 
No.  111). 

By  the  same  member,  Resolution  giving  the  General  Court 
power  to  enact  laws  for  the  protection  of  the  lives,  health  or 
safety  of  workers  (Doc.  No.  112). 


MONDAY,  JUNE  25,  1917.  61 

By   Mr.   Finn   of   Chelsea,    Resolution   relative   to   creating   a  Workmen's 
state  fund  for  workmen's  compensation  insurance  (Doc.  No.  113).  —  TtateXd!' 
Severally  to  the  committee  on  Social  Insurance. 

By  Mr.   Ross  of  New  Bedford,   Resolution  authorizing  cities  Homes  for 
and  towns  to  take  land  for  providing  homes  for  citizens  (Doc.  Cltizens- 
No.  114). 

By  Mr.  Walker  of  Brookline,  Resolution  relative  to  the  pro-  Employees,  — 
tection  and  welfare  of  employees  (Doc.  No.  115).  welfare. 

By  Mr.  Wonson  of  Gloucester,  Resolution  extending  the  pur-  Taking  of  land 
poses  for  which  the  Commonwealth  may  take  land  (Doc.  No.  SLSSU?1*111*1 
116). 

By    the    same    member,    Resolution    authorizing    the    General  Public  welfare. 
Court  to  enact  laws  to  promote  the  health,  safety,  morals  or  wel- 
fare of  the  people  (Doc.  No.  117). 

Severally  to  the  committee  on  Social  Welfare. 

By  Mr.   Bartlett  of  Newburyport,  Resolution  relative  to  the  state  officers,  — 
manner  of  choice  of  Secretary  of  the  Commonwealth,  Treasurer  choke!1  °f 
and  Receiver-General,  Auditor    of    the  Commonwealth  and    At- 
torney-General (Doc.  No.  118). 

By  Mr.   Fitz-Randolph   of  Nantucket,   Resolution  relative  to  incompatibility 
the  incompatibility  of  offices  (Doc.  No.  119). 

By  Mr.  Harriman  of  New  Bedford,  Resolution  to  provide  for ^  coordination 
efficient  government  through  co-ordination  of  the  various  depart-  ° 
ments  (Doc.  No.  120). 

By  Mr.  Morrill  of  Haverhill,  Resolution  authorizing  the  Gen-  state  and 
eral  Court   to  pass   laws   providing   for   the   recall  of   state  and  —  1JHSiLffic 
county  officers  (Doc.  No.  121). 

By  Mr.  Waterman  of  Williamstown,  Resolution  providing  for  a  state  commis- 
supervising  secretary  of  all  state  commissions,  to  be  appointed  ^"ng^ec^61" 
by  the  Governor  (Doc.  No.  122).  *"y- 

By  Mr.  Wonson  of  Gloucester,  Resolution  relative  to  legisla-  Natural  re- 
tive  regulation  of  natural  resources  (Doc.  No.  123).  regulation". 

Severally  to  the  committee  on  State  Administration. 

By  Mr.  Parkman  of  Boston,  Resolution  relative  to  establishing  state  debt,  - 
a  restriction  on  state  debt  (Doc.  No.  124). 
To  the  committee  on  State  Finance. 

By  Mr.  Bailey  of  Newbury,  Resolution  empowering  the  Gen-  Absent  voting. 
eral  Court  to  provide  by  law  for  absent  voting  (Doc.  No.  125). 

By  Mr.  Churchill  of  Amherst,  Resolution  to  provide  for  bien-  Bwjniai 
nial  elections  of  state  officers,   councillors   and  members  of  the  e 
General  Court  (Doc.  No.  126). 

By  Mr.   Harriman  of  New  Bedford,   Resolution  reducing  the  Qualification 
length  of  time  required   as   a  qualification  for  registration  and 
voting  (Doc.  No.  127). 

By  the  same  member,  Resolution  making  aliens  who  have  de-  id. 
clared    their    intention    of    becoming    citizens    qualified    to    vote 
(Doc.  No.  128). 

By  Mr.  Maguire  of  Boston,  Resolution  relative  to  ascertaining  Qualifications 
the  qualifications  of  candidates  for  offices  to  be  voted  for  by  the  ° 
>eople  (Doc.  No.  129). 


people 


62 


JOURNAL  OF  THE  CONVENTION, 


Taxing  power. 


State  and 
municipal 
revenues. 


By    Mr.    Washburn    of    Worcester,    Resolution    providing   for 
equal  suffrage  for  men  and  women  (Doc.  No.  130). 
Severally  to  the  committee  on  Suffrage. 

By  Mr.  Creamer  of  Lynn,  Resolution  to  remove  restrictions 
upon  the  taxing  power  of  the  General  Court  (Doc.  No.  131). 

By  Mr.  Newton  of  Everett,  Resolution  providing  for  the  com- 
plete separation  of  the  revenues  and  expenditures  of  the  Com- 
monwealth from  those  of  the  cities  and  towns  (Doc.  No.  132). 

Severally  to  the  committee  on  Taxation. 


liquors'1— ns  ^  communication  from  the  Norfolk  Association  of  Congrega- 

prohibi'tion.  tional  Churches,  urging  the  adoption  of  an  amendment  of  the 
Constitution  prohibiting  the  manufacture  and  sale  of  intoxicat- 
ing liquors,  was  referred  to  the  committee  on  the  Liquor  Traffic. 


Privileges  of 
the  library  of 
the  Massa- 
chusetts 
Historical 
Society. 


Library  of  the  Massachusetts  Historical  Society. 

A  communication,  signed  by  the  corresponding  secretary, 
placing  the  Library  of  the  Massachusetts  Historical  Society  at 
the  service  of  the  members  of  the  Convention,  was  read;  and  it 
was  placed  on  file. 

On  motion  of  Mr.  Pillsbury  of  Wellesley,  - 

Voted,  That  the  thanks  of  the  Convention  be  extended  to  the 
officials  of  the  Massachusetts  Historical  Society  for  their 
courtesy. 

Compensation  of  Officials  and  their  Assistants. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

ie?geanrt-ft-  Ordered,    That   the   committee   on    Contingent    Expenses   and 

Arms  and  their  Pay-Roll  determine,  and  report  to  the  Convention  for  its  action, 
the  compensation  for  services  to  be  paid  the  secretaries  and  the 
Sergeant-at-Arms,  and  such  assistants  in  their  respective  depart- 
ments as  have  been  approved  by  the  committee  on  Rules  and 
Procedure. 

Bulletins  on  Compulsory  and  Absentee  Voting. 

The  following  order,  offered  by  Mr.  Newton  of  Everett,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

votTnPguln°dy  Ordered,  That  the  bulletins  on  compulsory  voting  and  absentee 

absentee  voting,   prepared  by  the  commission  appointed   to  compile  in- 

printmg"of        formation  and  data  for  the  Convention,  be  printed  as  a  Conven- 
buiietins.          tion  document. 


ments. 


Compensation  of  Members  of  the  Convention. 

Mr  Curtis  of  Revere,  for  the  committee  on  Contingent  Ex- 
penses  and  Pay-Roil,  who  were  instructed,  on  June  20,  to  deter- 
mine and  report  the  manner  in  which  compensation  shall  be 
paid  to  the  members,  reported,  in  part,  recommending  that  each 
member  of  the  Convention  be  entitled  to  be  paid  one  hundred 
dollars,  on  account,  at  the  end  of  each  month;  but  that  such 


MONDAY,  JUNE  25,  1917.  63 

monthly  payments  shall  not  exceed  in  the  aggregate  the  compen- 
sation of  the  member  as  authorized  by  the  Convention. 

The  report  was  read;  and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Vacancy  in  the  Fourth  Suffolk  Representative  District. 

Mr.  Dean  of  Fall  River,  for  the  committee  on  Elections,  to  Fourth  Suffolk 
whom   was   referred    the   order   providing   for   giving   James   J.  DiSrict,n— tive 
Mullen,  Jr.,  of  Boston,  and  Joseph  M.  Sullivan  of  Boston,  seats  vacancy*. 
in   the    Convention,    each   with   one-half   vote,   reported   certain 
findings  based  upon  an  examination  and  recount  of  the  ballots 
cast  in  the  Fourth  Suffolk  Representative  District,  and  recom- 
mended the  adoption  of  the  following  resolution:  — 

Resolved,  That  Joseph  M.  Sullivan  of  Boston  be  declared  a 
duly  elected  member  of  the  Constitutional  Convention  from  the 
Fourth  Suffolk  Representative  District. 

The  report  (Doc.  No.  133)  was  read;  and  the  resolution  was 
placed  in  the  Orders  of  the  Day  for  the  next  session. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  that  the  vote  be  reconsidered  by  which  the  Con-  Labor  rights; 
vention,  on  Thursday  last,  adopted  the  motion  of  Mr.  Donovan 
of  Lawrence,  that  the  committee  on  Judicial  Procedure  be  dis- 
charged from  the  further  consideration  of  the  Resolution  that 
labor  be  held  to  be  a  personal  and  not  a  property  right  and  that 
the  issue  of  injunctions  be  limited  in  labor  disputes  (Doc.  No. 
30),  and  that  the  resolution  be  referred  to  the  committee  on 
Labor,  —  was  considered;  and  after  debate  it  was  adopted. 

Pending  the  recurring  question  Mr.  Lowell  of  Newton  moved 
that  the  motion  of  Mr.  Donovan  be  amended  by  adding  at  the 
end  thereof  the  words  "and  afterward  to  the  committee  on 
Judicial  Procedure". 

The  President  stated  that  the  motion  was  not  in  order  at  the 
present  time,  but  that  a  motion  which  would  accomplish  the 
same  object  could  be  made  at  a  later  stage  in  the  proceedings  on 
this  matter. 

Mr.  Blackmur  of  Quincy  moved  that  the  motion  of  Mr. 
Donovan  be  amended  by  striking  out,  at  the  end  thereof,  the 
words  "  committee  on  Labor  ",  and  inserting  in  place  thereof  the 
words  "committees  on  Labor  and  Judicial  Procedure,  sitting 
jointly". 

After  debate  the  question  was  put  on  the  motion  of  Mr. 
Blackmur,  and  125  members  voted  in  the  affirmative  and  92 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Donovan;  and  on  the  roll  call  130  members 
voted  in  the  affirmative  and  115  in  the  negative,  as  follows:  — 


64 


JOURNAL   OF   THE   CONVENTION, 


YEAS.* 


Messrs.  Anderson,  Frederick  L. 
Anderson,  George  W. 
Bailey,  Charles  O. 
Bailey,  J.  Warren 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bos  worth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 


Messrs.  Hicks,  George  H. 

Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McCaffrey,  George  H.,  Jr. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Murphy,  John  L. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  Jj. 
Swig,  Louis 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
UnderhiU,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 


*  See  "  Question  of  Privilege  "  on  page  67. 


MONDAY,  JUNE  25,  1917. 


65 


Messrs.  Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 


Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Barnes,  Clarence  A. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Collier,  David  R. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Charles  P.,  Jr. 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Foss,  George  H. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Horgan,  Francis  J. 


Messrs.  Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Knotts,  J.  Franklin 
Larson,  Charles  G. 
Leonard,  Joseph  J . 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowell,  James  A. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Daniel  A. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty.  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
O'Connell,  John  J. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Sullivan,  Michael  A. 
SuUivan,  William  H. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Wonson,  Carlton  W. 


130  yeas;  115  nays. 


66  JOURNAL   OF  THE   CONVENTION, 

'Therefore  the  amendment  moved  by  Mr.  Blackmur  was 
adopted.  The  motion  of  Mr.  Donovan,  as  thus  amended,  was 
then  adopted;  and,  accordingly,  the  resolution  was  referred  to 
the  committees  on  Labor  and  Judicial  Procedure,  sitting  jointly. 

Changes  in  Membership  of  Committees. 

M°Spaies°n  The  President  announced  that  Mr.  Charles  F.  Dutch  of 
£^|™ment  Winchester  had  been  excused,  at  his  own  request,  from  serving 
Administra-  on  the  committee  on  Municipal  Government;  and  that  he  had 
ii°membehr-nges  been  appointed  to  fill  the  vacancy  in  the  membership  of  the 
ship-  committee  on  State  Administration. 


Next  session. 


Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Hibbard  of  Pittsfield,  — 
Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn 
to  meet  to-morrow  at  two  o'clock  P.M. 


Death  of 
member-elect 
Walter  F. 
Russell. 


Death  of  a  Member-Elect. 

Mr.  E.  Gerry  Brown  of  Brockton  announced  the  death,  on 
Friday,  June  22,  of  his  colleague,  Mr.  Walter  F.  Russell  of  Brock- 
ton, member-elect  from  the  Tenth  Plymouth  Representative 
District.  The  President  stated  that  the  announcement  was 
received  with  deep  regret. 

Mr.  Brown  then  moved  that,  as  a  mark  of  respect,  the  Con- 
vention adjourn;  and  this  motion  was  unanimously  adopted. 
Accordingly,  at  fifteen  minutes  before  one  o'clock,  the  Conven- 
tion adjourned. 


TUESDAY,  JUNE  26,   1917.  67 


'  TUESDAY,  June  26,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Question  of  Privilege. 

Mr.  Chase  of  Lynn  rose  to  a  question  of  privilege,  and  stated  Mr.  Chase  of 
that,  when  the  roll  was  called,  yesterday,  on  the  question  on  question"  of 
the  amendment  moved  by  Mr.  Blackmur  of  Quincy  to  the  recur-  Privilese- 
ring  motion  of  Mr.  Donovan  of  Lawrence,  he  was  present   and 
voted  in  the  affirmative;  but  that  he  was  not  recorded. 

Adjournment  to  Tuesday,  July  10. 

On  motion  of  Mr.  Hibbard  of  Pittsfield,  — 

Ordered,  That,  when  the  Convention  adjourns  to-day,  it  ad-  Adjournment 
journ  to  meet  on  Tuesday,  July  10,  at  two  o'clock  P.M. 

Conflicting  References  to  Committees. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,    That  the  committee  on  Rules  and  Procedure  be  in-  Conflicting 
structed  to  report  to  the  Convention  what  action  should  be  taken 
to  avoid  consideration  of  the  same  subject  by  two  or  more  differ- 
ent committees  under  conflicting  references. 

Facilities  for  Typewriting. 

Mr.  Good  of  Cambridge  offered  the  following  order:  — 
Ordered,    That  the  committee  on  Rules  and  Procedure  be  re-  Facilities  for 
quested  and  authorized  to  provide  facilities  for  typewriting  for  typewriting- 
the  use  of  members  of  the  Convention. 

After  debate  the  order  was  referred  to  the  committee  on  Con- 
tingent Expenses  and  Pay-Roll,  on  motion  of  Mr.  Curtis  of 
Revere. 

Bulletins  on  Compulsory  and  Absentee  Voting. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Proce-  Compulsory 
dure,  to  whom  was  referred  the  order  providing  for  printing  as  vofingT— tee 
a    Convention    document    bulletins   on   compulsory  voting    and  gjjkj?*  of 
absentee  voting,  reported  that  the  same   ought   to  be  adopted 
in  a  new  draft,  as  follows :  — 

Ordered,  That  five  hundred  copies  of  the  bulletins  on  "Com- 
pulsory Voting"  and  "Absentee  Voting",  prepared  by  the  com- 


68 


JOURNAL  OF  THE  CONVENTION, 


District 
attorneys,  — 
appointment. 


mission  appointed  to  compile  information  and  data  for  the  Con- 
vention, be  printed. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Change  in  a  Committee  Reference. 

Mr.  Jones  of  Melrose  moved  that  the  committee  on  the  Judi- 
ciary be  discharged  from  the  further  consideration  of  the  Resolu- 
tion providing  for  the  appointment  of  district  attorneys  (Doc.  No. 
48),  and  that  the  resolution  be  referred  to  the  committee  on 
County  and  District  Government;  and  the  motion  was  adopted. 


Referendum 
on  amend- 
ments. 


Specific 
amendments. 

Form  of 
amendments. 

Id. 


General  Court, 
—  passing  of 
amendments. 


Future  revi- 
sions and 
amendments. 
Future  consti- 
tutional 
conventions. 
Id. 


Property  for 
public  pur- 


Law  of  the 
land. 

Preamble. 


Sectarian 
appropriations. 


Id. 


Proposals  to  Amend  the  Constitution. 

Resolutions  and  petitions,  which  had  been  filed  with  the  Secre- 
tary before  five  o'clock  P.M.,  June  25,  were  severally  presented 
and  referred  as  follows :  — 

By  Mr.  Dean  of  Fall  River,  Resolution  to  provide  for  the 
direct  adoption  of  constitutional  amendments  by  referendum  to 
the  people  (Doc.  No.  134). 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  specific 
amendments  of  the  Constitution  (Doc.  No.  135). 

By  Mr.  Hart  of  Cambridge,  Resolution  relative  to  the  form 
of  amendments  to  the  Constitution  (Doc.  No.  136). 

By  Mr.  Sullivan  of  Lawrence,  Resolution  relative  to  the  form 
of  amendments  of  the  Constitution  (Doc.  No.  137). 

By  Mr.  McCormack  of  Boston,  Resolution  relative  to  amend- 
ments of  the  Constitution  passed  by  the  General  Court  (Doc. 
No.  138). 

By  Mr.  Horgan  of  Boston,  Resolution  to  provide  for  future 
revisions  and  amendments  of  the  Constitution  (Doc.  No.  139). 

By  Mr.  Sullivan  of  Lawrence,  Resolution  relative  to  the  calling 
and  holding  of  future  constitutional  conventions  (Doc.  No.  140). 

By  Mr.  Twomey  of  Lawrence,  Resolution  providing  for  the 
holding  of  a  constitutional  convention  in  the  year  nineteen  hun- 
dred and  forty-two  (Doc.  No.  141). 

Severally  to  the  committee  on  Amendment  and  Codification 
of  the  Constitution. 

By  Mr.  Bicknell  of  Weymouth,  Resolution  relative  to  the  use 
of  private  property  for  public  purposes  (Doc.  No.  142). 

By  Mr.  Burns  of  Pittsfield,  Resolution  relative  to  the  law  of 
the  land  (Doc.  No.  143). 

By  Mr.  Edwin  U.  Curtis  of  Boston,  petition  of  J.  M.  Foster, 
accompanied  by  Resolution  relative  to  the  preamble  to  the  Con- 
stitution (Doc.  No.  144). 

By  Mr.  Anderson  of  Newton,  petitions  of  the  Calvary  Baptist 
Church  of  Haverhill  and  the  First  Baptist  Church  in  Newton, 
severally  in  aid  of  the  Resolution  (Doc.  No.  66)  to  prohibit  the 
support  of  sectarian  institutions  from  public  funds. 

By  Mr.  Clark  of  Wilmington,  petition  of  the  Worthen  Street 
Baptist  Church  of  Lowell  in  aid  of  the  Resolution  (Doc.  No.  66) 
to  prohibit  the  support  of  sectarian  institutions  from  public  funds, 


TUESDAY,  JUNE  26,   1917.  69 

and  against  the  Resolution  (Doc.  No.  2)  to  prohibit  the  support 
of  institutions  from  public  funds. 

By  Mr.  Glazier  of  Hudson,  Resolution  relative  to  appropria-  Sectarian 
tions  for  sectarian  purposes  (Doc.  No.  145).  appropriations. 

By  Mr.  Brown  of  Brockton,  Resolution  relative  to  the  right  Right  to  labor, 
to  labor  and  to  enjoy  the  fruits  thereof  (Doc.  No.  146). 

By  the  same  member,  Resolution  providing  that  the  enumera-  Rights  of  the 
tion  of  rights  shall  not  impair  or  deny  other  rights  of  the  people  people' 
(Doc.  No.  147). 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  appropri-  Educational 
ations  for  vocational,  trade  and  textile  schools  (Doc.  No.  148).    aPPr°Priations- 

By  Mr.  Donovan  of  Boston,  Resolution  relative  to  the  liberty  Liberty  of 
of  speech  and  of  the  press  and  of  all  important  recognized  media  ?Eeepreind  °f 
of  thought  transmission  utilized  to  affect  public  opinion   (Doc. 
No.  149). 

By  Mr.  Harriman  of  New  Bedford,  Resolution  providing  for  Rights  of 
a  clearer  declaration  of  certain  rights  of  working  men  and  women  workers- 
(Doc.  No.  150). 

By  Mr.  McKeon  of  Worcester,  Resolution  relative  to  the  right  Trial  by  jury. 
of  trial  by  jury  (Doc.  No.  151). 

By  Mr.  Powers  of  Newton,  petition  of  Frank  Ernest  Wood-  Recognition  of 
ward  and  others,  accompanied  by  Resolution  providing  for  the  RU\e3olden 
recognition  in  the  Bill  of  Rights  of  the  Golden  Rule  as  an  indis- 
pensable element  of  the  social  and  civic  welfare  of  the  people 
(Doc.  No.  152). 

By  Mr.  Stearns  of  Cambridge,  Resolution  relative  to  the  free  Free  exercise 
exercise  of  religion  (Doc.  No.  153).  of  religion. 

Severally  to  the  committee  on  Bill  of  Rights. 

By  Mr.  Codman  of  Brookline,  Resolution  relative  to  appoint-  County 
ment  by  the  Governor  of  certain  county  officials  (Doc.  No.  154).  Jjjjfenent 

By  the  same  member,  Resolution  relative  to  abolishing  the  County  com- 
office  of  county  commissioner  (Doc.  No.  155).  SSiitSJu'"" 

By  Mr.  Lynch  of  Milford,  Resolution  relative  to  the  abolition  id. 
of  the  office  of  county  commissioner  (Doc.  No.  156). 

Severally  to  the  committee  on  County  and  District  Govern- 
ment. 

By  Mr.  Hall  of  North  Adams,  Resolution  relative  to  the  organ-  pubiic  schools, 
ization  and  support  of  the  system  of  public  schools  (Doc.  No.  "^p^011 
157). 

By  Mr.  Powers  of  Newton,  petition  of  George  Hale  Nutting  Duties  of 
and  others,  accompanied  by  Resolution  providing  for  training  in  C1 
the  duties  of  citizenship  in  all  public  schools,  and  defining  the 
duties  of  citizenship  (Doc.  No.  158). 

Severally  to  the  committee  on  Education. 

By  Mr.  Delaney  of  Holyoke,  Resolution  relative  to  abolishing  Governor,— 
the  veto  power  of  the  Governor  (Doc.  No.  159).  veto  power. 

By  Mr.  Howard  of  Reading,  Resolution  to  provide  for  a  pardon  Pardon  board 
board  and  pardon  juries  (Doc.  No.  160). 

By  the  same  member,  Resolution  relative  to  the  appointment  ^^ 
of  the  Attorney-General  by  the  Governor  and  of  the  district  district 
attorneys  by  the  Attorney-General  (Doc.  No.  161). 


70 


JOURNAL  OF  THE  CONVENTION, 


Council,  — 
abolition. 


Id. 


Id. 


Governor,  — 
amendment  of 
bills  and 
resolves. 

Governor,  — 

enlarged 

powers. 


Elected 
officers,  — 
removal. 


By  Mr.  McKeon  of  Worcester,  Resolution  providing  for  the 
abolition  of  the  Council  (Doc.  No.  162). 

By  Mr.  Murphy  of  Chelsea,  Resolution  providing  for  the 
abolition  of  the  Council  and  the  transfer  of  its  powers  and  duties 
to  the  Senate  (Doc.  No.  163). 

By  Mr.  Walsh  of  Fitchburg,  Resolution  to  provide  for  the 
abolition  of  the  Council  (Doc.  No.  164). 

By  Mr.  Luce  of  Waltham,  Resolution  providing  for  giving  the 
Governor  power  to  recommend  amendments  of  bills  and  resolves 
passed  by  the  General  Court  (Doc.  No.  165). 

By  Mr.  Quincy  of  Boston,  Resolution  relative  to  enlarging  the 
powers  and  responsibilities  of  the  office  of  Governor  (Doc.  No. 
166). 

By  Mr.  Tilton  of  Springfield,  Resolution  relative  to  the  re- 
moval of  certain  elected  officers  (Doc.  No.  167). 

Severally  to  the  committee  on  the  Executive. 


Legislature  of 
25  members. 

General  Court, 
—  membership. 

Id. 


General  Court, 
—  delegation 
of  powers. 


General  Court, 
—  volume  of 
business; 
responsibility. 

Negative  of 
the  Senate. 


Senate,  — 
abolition. 

Legislative 

bills,— 

scrutiny. 


Single  legis- 
lative body. 


Senate  of  16 
members. 


General  Court, 
—  organiza- 
tion. 

Representative 
districts. 


Id. 


By  Mr.  Adams  of  Quincy,  Resolution  to  provide  for  a  Legisla- 
ture of  a  single  chamber  of  twenty-five  members  (Doc.  No.  168). 

By  Mr.  Bailey  of  Newbury,  Resolution  relative  to  the  appor- 
tionment of  members  of  the  General  Court  (Doc.  No.  169). 

By  Mr.  Barrett  of  Cambridge,  Resolution  relative  to  the 
arrangement  of  districts  for  the  election  of  members  of  the 
Senate  (Doc.  No.  170). 

By  Mr.  Bicknell  of  Weymouth,  Resolution  relative  to  pro- 
hibiting the  delegation  of  its  powers  by  the  General  Court  (Doc. 
No.  171). 

By  Mr.  Carr  of  Hopkinton,  Resolution  to  limit  the  volume 
of  business  before  the  General  Court  and  to  fix  individual  re- 
sponsibility for  legislative  action  (Doc.  No.  172). 

By  Mr.  Donoghue  of  Boston,  Resolution  relative  to  the  nega- 
tive of  the  Senate  on  the  House  of  Representatives  (Doc.  No. 
173). 

By  Mr.  Hale  of  Boston,  Resolution  relative  to  the  abolition 
of  the  Senate  (Doc.  No.  174). 

By  Mr.  Howard  of  Reading,  Resolution  to  provide  for  the 
scrutiny  of  legislative  bills  by  the  Attorney-General  (Doc.  No. 
175). 

By  Mr.  Morrill  of  Haverhill,  Resolution  relative  to  abolishing 
the  Senate  and  to  establishing  a  single  legislative  body  (Doc.  No. 
176). 

By  Mr.  Love  of  Webster,  Resolution  providing  that  the  Senate 
shall  consist  of  sixteen  members  elected  from  Congressional  dis- 
tricts (Doc.  No.  177). 

By  Mr.  Luce  of  Waltham,  Resolution  relative  to  the  organiza- 
tion of  the  General  Court  (Doc.  No.  178). 

By  Mr.  Mancovitz  of  Boston,  Resolution  to  provide  for  a  more 
equitable  method  of  establishing  the  districts  for  the  election  of 
Representatives  to  the  General  Court  (Doc.  No.  179). 

By  Mr.  Morrill  of  Haverhill,  Resolution  to  provide  for  a  more 
equitable  and  proportional  representation  in  the  House  of  Repre- 
sentatives (Doc.  No.  180). 


TUESDAY,  JUNE  26,   1917.  71 

By  Mr.  Youngman  of  Boston,  petition  of  Martin  Hays,  accom-  Representative. 
panied  by  Resolution  relative  to  the  method  of  apportionment  of  di3tricts 
Representatives  to  the  General  Court  (Doc.  No.  181). 

By   Mr.    Walcott   of    Cambridge,    Resolution   relative   to   the  Regulation  of 
power  of  the  General  Court  to  regulate  smells,  sights  and  sounds  nuisances 
and  the  construction  of  buildings  (Doc.  No.  182). 

Severally  to  the  committee  on  The  General  Court. 

By  Mr.  Clark  of  Brockton,  Resolution  relative  to  the  General 
Court  and  to  the  initiative  and  referendum  (Doc.  No.  183). 

By  Mr.  George  of  Haverhill,  Resolution  relative  to  the  initia-  id. 
tive  and  referendum  (Doc.  No.  184). 

By  Mr.  Howard  of  Reading,  Resolution  relative  to  obtaining  id. 
signatures    in    connection    with    the    initiative    and    referendum 
(Doc.  No.  185). 

By  Mr.  Harriman  of  New  Bedford,  petition  of  the  Massachu-  id. 
setts  State  Branch  of  the  American  Federation  of  Labor,  accom- 
panied by  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  186). 

By  Mr.  Willett  of  Norwood,  Resolution  relative  to  requiring  id. 
initiative  measures  to  be  approved  by  the  people  at  two  succes- 
sive elections  before  becoming  a  part  of  the  laws  of  the  State 
(Doc.  No.  187). 

Severally  to  the  committee  on  Initiative  and  Referendum. 

By  Mr.  Charles  P.  Curtis,  Jr.,  of  Boston,  Resolution  relative 
to   the   authority   of   the   Supreme  Judicial   Court  to   prescribe  - 
method  of  procedure  (Doc.  No.  188). 

By  Mr.  Kelley  of  Rockland,  Resolution  relating  to  the  rules  Trial  of  causes, 
of  evidence  in  the  trial  of  causes  in  the  courts  of  the  Common-  ~~evidence- 
wealth  (Doc.  No.  189). 

By  Mr.  McAnarney  of  Quincy,  Resolution  to  provide  for  the  Equity  pro- 
framing  and  submission  by  the  court  to  the  jury  of  issues  of 
fact  in  equity  proceedings  when  requested  by  either  party  thereto 
(Doc.  No.  190). 

Severally  to  the  committee  on  Judicial  Procedure. 

By  Mr.  Bailey  of  Newbury,  Resolution  relative  to  the  tenure  Judicial 
of  office  of  the  judiciary  (Doc.  No.  191). 

By  Mr.  Boynton  of  Everett,   Resolution  relative  to  the  ap-  Id> 
pointment  of  judicial  officers  for  a  term  of  seven  years   (Doc. 
No.  192). 

By  Mr.   Mancovitz  of  Boston,   Resolution  providing  for  the  Id 
appointment  of  judges  for  specific  terms  (Doc.  No.  193). 

By  Mr.   William  H.   Sullivan  of  Boston,   Resolution  limiting  w. 
the  tenure  of  judicial  officers  to  ten  years  (Doc.  No.  194). 

By  Mr.  Hart  of  Cambridge,  Resolution  providing  for  a  super-  supervisor  of 
visor  or  commissioner  of  administrators  and  executors  (Doc.  No.  anTexSutS 
195). 

By   Mr.    Hutchings   of   Dedham,   Resolution   relative  to   the  property  for 
taking  of  property  for  public  uses  (Doc.  No.  196). 

By  Mr.  Maguire  of  Boston,  Resolution  relative  to  the  election  Judges,— 
of  judges  by  the  people  (Doc.  No.  197). 


72 


JOUKNAL  OF  THE  CONVENTION, 


Judges,— 
•election. 


Id. 


Id. 


Judicial  ap- 
pointments, - 
confirmation. 


Eminent 
domain. 


Civil  actions, 
verdicts  of 
juries. 


Id. 

Id. 
Id. 

Trial  by  jury. 
Id. 


Public 
defender. 

Id. 


Certain  de- 
fendants, — 
counsel. 

Supreme 
Judicial  Court, 

—  constitu- 
tionality of 
law. 

Supreme 
Judicial  Court, 

—  opinions. 


Women  as 
notaries  public. 


Clerks  of 
•courts,  —  ap- 
pointment by 
justices. 

Labor,  — 
hours  and 
conditions. 

Labor,  — 
maximum 
hours. 


By  Mr.  Mancovitz  of  Boston,  Resolution  relative  to  authoriz- 
ing the  General  Court  to  provide  for  the  election  of  judges  (Doc. 
No.  198). 

By  Mr.  Moriarty  of  Boston,  petition  of  the  Massachusetts  State 
Branch  of  the  American  Federation  of  Labor,  accompanied  by  Reso- 
lution providing  a  method  for  the  election  of  judges  (Doc.  No.  199). 

By  Mr.  Clark  of  Brockton,  Resolution  relating  to  the  election 
and  recall  of  judicial  officers  (Doc.  No.  200). 

By  Mr.  Walsh  of  Fitchburg,  Resolution  to  provide  for  the  con- 
firmation of  judicial  appointments  by  other  than  a  political 
body  (Doc.  No.  201). 

By  Mr.  Newton  of  Everett,  Resolution  providing  that  all  tak- 
ings of  land  by  eminent  domain  shall  be  deemed  a  public  use 
(Doc.  No.  202). 

By  Mr.  Bates  of  Boston,  Resolution  to  provide  that  five-sixths 
of  any  jury  in  civil  actions  may  render  a  valid  verdict  after 
twelve  hours'  deliberation  (Doc.  No.  203). 

By  Mr.  Love  of  Webster,  Resolution  relative  to  permitting  a 
verdict  in  civil  actions  by  less  than  the  whole  number  of  jurors 
(Doc.  No.  204). 

By  Mr.  Twomey  of  Lawrence,  Resolution  relative  to  verdicts 
of  juries  in  civil  actions  (Doc.  No.  205). 

By  Mr.  Youngman  of  Boston,  Resolution  relative  to  the  ver- 
dicts of  juries  and  to  trial  by  jury  in  cases  relating  to  work- 
men's compensation  (Doc.  No.  206). 

By  Mr.  Kelley  of  Rockland,  Resolution  relating  to  trial  by 
jury  in  all  controversies  concerning  property  (Doc.  No.  207). 

By  Mr.  Twomey  of  Lawrence,  Resolution  relative  to  the  right 
of  trial  by  jury  in  all  cases  at  law  (Doc.  No.  208). 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  estab- 
lishing the  office  of  public  defender  (Doc.  No.  209). 

By  Mr.  Twomey  of  Lawrence,  Resolution  relative  to  the  elec- 
tion of  a  public  defender  (Doc.  No.  210). 

By  Mr.  Love  of  Webster,  Resolution  relative  to  providing 
counsel  for  defendants  charged  with  state  prison  offences  (Doc. 
No.  211). 

By  Mr.  Brown  of  Brockton,  Resolution  enlarging  the  power 
of  a  minority  of  the  Supreme  Judicial  Court  in  construing  the 
constitutionality  of  law  (Doc.  No.  212). 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  the 
authority  of  the  Governor,  Council  and  General  Court  to  request 
opinions  of  the  Supreme  Judicial  Court  (Doc.  No.  213). 

By  Mr.  Craven  of  Boston,  Resolution  providing  that  women 
shall  be  eligible  to  appointment  as  notaries  public  (Doc.  No. 
214). 

By  Mr.  Sullivan  of  Lawrence,  Resolution  relative  to  the  selec- 
tion of  clerks  of  courts  by  the  justices  thereof  (Doc.  No.  215). 

Severally  to  the  committee  on  the  Judiciary. 

By  Mr.  Delaney  of  Holyoke,  Resolution  empowering  the 
General  Court  to  provide  for  the  regulation  or  restriction  of  the 
hours  and  conditions  of  laborrf(Doc.  No.  216). 

By  Mr.  Twomey  of  Lawrence,  Resolution  relative  to  maximum 
hours  of  labor  (Doc.  No.  217). 


TUESDAY,  JUNE  26,  1917.  73 

By  Mr.  Martin  of  Boston,  petition  of  the  Massachusetts  State  Safe  construc- 
Branch  of  the  American  Federation  of  Labor,   accompanied  by  ij£,°et£uild 
Resolution  to  insure   safe    construction   in   this    Commonwealth 
(Doc.  No.  218). 

Severally  to  the  committee  on  Labor. 

By  Mr.  Donovan  of  Springfield,  petition  of  the  Massachusetts  Labor  disputes, 
State  Branch  of  the  American  Federation  of  Labor,  accompanied  ~~ miunctlons- 
by  Resolution  regulating  the  issue  of  injunctions  in  labor  disputes 
(Doc.  No.  219). 

By  Mr.  Moriarty  of   Boston,  petition   of   the   Massachusetts  id. 
State  Branch  of  the  American  Federation  of  Labor,  accompanied 
by  Resolution  relative  to  regulating  the  issue  of  injunctions  in 
labor  disputes  (Doc.  No.  220). 

Severally  to  the  committees  on  Labor  and  Judicial  Procedure, 
sitting  jointly. 

By  Mr.  Lane  of  Boston,  Resolution  relative  to  prohibiting  Liquors  con- 
the  manufacture  and  sale  of  intoxicating  liquors  containing  more  S^Spw8 
than  twenty-five  per  cent  of  alcohol  (Doc.  No.  221).  cent  alcohol. 

To  the  committee  on  the  Liquor  Traffic. 

By  Mr.  Bryant  of  Milton,  Resolution  relating  to  the  appoint-  Military 
ment  of  military  officers,  the  numbers  and  organization  of  mili-  affairs' 
tary  forces  and  civil  penalties  to  be  inflicted  by  courts  martial 
(Doc.  No.  222). 

By  Mr.  Horgan  of  Boston,  Resolution  relative  to  the  militia  id. 
of  the  Commonwealth  (Doc.  No.  223). 

By   Mr.    Hutchings   of   Dedham,    Resolution   relative   to   the  id. 
method  of  selecting  and  promoting  officers  in  the  militia  (Doc. 
No.  224). 

Severally  to  the  committee  on  Military  Affairs. 

By  Mr.   Begley  of  Holyoke,   Resolution  relative  to  granting  Lord's  Day 
power  to  cities  and  towns  to  authorize  athletic  contests  on  the 
Lord's  Day  (Doc.  No.  225). 

By  Mr.  Fitz-Randolph  of  Nantucket,  Resolution  providing  for  Municipal 
granting  a  greater  measure  of  home  rule  to  cities  and  towns  homerule- 
(Doc.  No.  226). 

By  Mr.  Harriman  of  New  Bedford,  Resolution  to  provide  for  id. 
home  rule  in   municipalities  in   all   matters   not  within  general 
laws  (Doc.  No.  227). 

By   Mr.   Horgan   of   Boston,   Resolution   to   provide  for  local  Id- 
self-government  by  municipalities  (Doc.  No.  228). 

By  Mr.  Kenny  of  Boston,  Resolution  relative  to  the  authority  id. 
of  the  General  Court  in  the  government  of  cities  (Doc.  No.  229). 

By  Mr.  Martin  of  Holyoke,  Resolution  to  authorize  the  pay- 
ment  of  bonuses  to  deserving  public  employees  (Doc.  No.  230). 

Severally  to  the  committee  on  Municipal  Government. 

By    Mr.    Brown    of    Brockton,    Resolution    defining    private  Natural  re- 
property  title  to  natural  resources  (Doc.  No.  231).  private  title. 

By   Mr.    Donovan   of   Springfield,   Resolution  relative   to   the  Public  busi- 
right  of  the  Commonwealth,  counties,  cities  and  towns  to  engage  Sings. er 
in  business  undertakings  (Doc.  No.  232). 


74 


JOURNAL  OF  THE  CONVENTION, 


Public  markets, 
—  foodstuffs. 


Municipal  fuel 
yards  and 
markets. 


Necessaries  of 
life,  —  public 
supply. 


Id. 


Id. 


Id. 


Id. 


Id. 


Gas  and 
electric  plants, 
—  public 
ownership. 

Public 
utilities,  — 
public  owner- 
ship. 

Id. 


Id. 
Id. 

Id. 


Historical 
property,  — 
preservation. 
Industrial 
rights  and 
social  justice. 


Franchises,  — 
limited  terms. 


Id. 


By  Mr.  Donnelly  of  Lawrence,  Resolution  relative^to  the 
establishment  of  public  markets  and  the  sale  of  food  stuffs  (Doc. 
No.  233). 

By  Mr.  O'Connor  of  Chicopee,  Resolution  relative  to  the  main- 
tenance of  municipal  fuel  and  coal  yards  and  market  places 
(Doc.  No.  234). 

By  Mr.  Donoghue  of  Boston,  Resolution  granting  further 
powers  to  cities  and  towns  in  relation  to  the  necessities  of  life 
(Doc,  No.  235). 

By  the  same  member,  Resolution  providing  for  the  mainte- 
nance of  a  sufficient  supply  of  the  common  necessities  of  life 
(Doc.  No.  236). 

By  Mr.  Dennis  D.  Driscoll  of  Boston,  petition  of  the  Massa- 
chusetts State  Branch  of  the  American  Federation  of  Labor, 
accompanied  by  Resolution  relative  to  granting  authority  to  deal 
in  the  necessaries  of  life  (Doc.  No.  237). 

By  Mr.  Frost  of  Lawrence,  Resolution  to  authorize  the  enact- 
ment of  laws  governing  the  purchase,  sale  and  distribution  of  the 
necessities  of  life  (Doc.  No.  238). 

By  Mr.  Horgan  of  Boston,  Resolution  to  enable  the  Common- 
wealth and  municipalities  to  manufacture,  purchase  and  sell  the 
necessities  of  life,  and  to  manufacture  and  sell  gas  and  electricity 
(Doc.  No.  239). 

By  Mr.  William  H.  Sullivan  of  Boston,  Resolution  relative  to 
giving  to  the  Commonwealth  and  to  cities  and  towns  the  right 
to  seize,  store,  sell  and  distribute  food  and  fuel  (Doc.  No.  240). 

By  Mr.  Horgan  of  Boston,  Resolution  to  provide  for  municipal 
ownership  of  plants  for  the  manufacture,  use  and  sale  of  gas  and 
electricity  (Doc.  No.  241). 

By  the  same  member,  Resolution  to  provide  for  public  owner- 
ship of  all  public  utilities  and  for  the  conservation  of  the  water 
powers  of  the  Commonwealth  (Doc.  No.  242). 

By  the  same  member,  Resolution  to  provide  for  the  ownership, 
purchase  and  operation  of  public  utilities  (Doc.  No.  243). 

By  Mr.  Butler  of  Brockton,  Resolution  to  authorize  the  taking 
of  public  utilities  or  any  part  or  parts  thereof  (Doc.  No.  244). 

By  Mr.  Thompson  of  Beverly,  petition  of  the  Masssachusetts 
State  Branch  of  the  American  Federation  of  Labor,  accompanied 
by  Resolution  providing  for  state,  county  and  municipal  owner- 
ship of  public  utilities  (Doc.  No.  245). 

By  the  same  member,  Resolution  relative  to  the  public  owner- 
ship and  operation  of  street  railways  (Doc.  No.  246). 

By  Mr.  Hutchings  of  Dedham,  Resolution  relative  to  preserv- 
ing property  of  historical  or  antiquarian  interest  (Doc.  No.  247). 

By  Mr.  Hale  of  Boston,  petition  of  Conrad  Reno,  accom- 
panied by  Resolution  relative  to  industrial  rights  and  social 
justice  (Doc.  No.  248). 

By  Mr.  Mancovitz  of  Boston,  Resolution  relative  to  prohibit- 
ing the  granting  of  franchises  for  longer  terms  than  fifty  years 
(Doc.  No.  249). 

By  Mr.  Skerrett  of  Worcester,  Resolution  relative  to  limiting 
the  granting  of  franchises  to  terms  of  twenty-five  years  (Doc. 
No.  250). 

Severally  to  the  committee  on  Public  Affairs. 


TUESDAY,  JUNE  26,  1917.  .  75 

By  Mr.  Carr  of  Hopkinton,   Resolution  relative  to  the  estab-  Health 
lishment  of  a  system  of  non-contributory  health  insurance  (Doc.  insurance- 
No.  251). 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  the  es-  id. 
tablishment  of  health  insurance  for  working  men  (Doc.  No.  252). 

By  Mr.  Can  of  Hopkinton,  Resolution  relative  to  establishing  Old  age 
a  system  of  non-contributory  old  age  pensions  (Doc.  No.  253).     Pensions- 

By  Mr.  Donnelly  of  Lawrence,  Resolution  relative  to  the  es-  id. 
tablishment  of  a  system  of  old  age  pensions  (Doc.  No.  254). 

By  Mr.  Walker  of  New  Bedford,  petition  of  the  Massachusetts  id. 
State  Branch  of  the  American  Federation  of  Labor,  accompanied 
by  Resolution  providing  for  the  establishment  and  maintenance 
*of  a  system  of  old  age  pensions  (Doc.  No.  255). 

By  Mr.  Leonard  of  Boston,  Resolution  to  empower  the  Gen-  Casualty 
eral  Court  to  make  absolute  the  liabilities  of  casualty  insurance  3S3ST''~" 
companies  to  persons  injured  by  accident  (Doc.  No.  256).  liability. 

By  Mr.  Morrill  of  Haverhill,  Resolution  relative  to  pensions  to  Dependents  of 
dependents  of  those  suffering  from  cancer  or  tuberculosis  (Doc.  pensSms0118' ~ 
No.  257). 

By  Mr.   Thompson   of  Beverly,  petition  of  the  Massachusetts  injured  em- 
State  Branch  of  the  American  Federation  of  Labor,  accompanied  FnSS'ce. 
by  Resolution  providing  that  employers  shall  insure  in  a  public 
fund  for  the  benefit  of  injured  employees  (Doc.  No.  258). 

By    Mr.    Twomey    of   Lawrence,    Resolution   relative    to   the  Workmen's 
establishment  of  a  state  fund  for  workmen's  compensation  (Doc.  ^™tate^ndn' 
No.  259). 

Severally  to  the  committee  on  Social  Insurance. 

By  Mr.  Bauer  of  Lynn,  Resolution  relative  to  the  duty  of  the  Women  before 
Commonwealth  toward  women  before  and  after  childbirth  (Doc.  childbirth 
No.  260). 

By  Mr.  Dennis  D.  Driscoll  of  Boston,  petition  of  the  Massachu-  One  day's  rest 
setts  State  Branch  of  the  American  Federation  of  Labor,  accom-  mseven- 
panied  by  Resolution  establishing  one   day's  rest  in  seven  for 
employees    (Doc.  No.  261). 

Severally  to  the  committee  on  Social  Welfare. 

By  Mr.  Bartlett  of  Newburyport,  Resolution  relative  to  the  Decennial 
taking  of  the  decennial  census  of  the  Commonwealth  (Doc.  No.  ceiasus- 
262). 

By   President   Bates,    petition   of   Susan   E.    Stevens,    accom-  inspection  of 
panied  by  Resolution  relative  to  the  inspection  of  certain  public  iE 
and  private  institutions  (Doc.  No.  263). 

By  Mr.   Curtiss  of  Hingham,   Resolution  providing  that  ap-  civil  service,  — 
pointments  ;md  promotions  in  the  civil  service  shall  be  made  ^promo^3 
because  of  merit  and  fitness  ascertained  through  open  competi-  tions. 
tion  (Doc.  No.  264). 

By  Mr.  Hart  of  Cambridge,  Resolution  providing  for  a  state  state  board  of 
board   of   control   to  replace   existing   commissions,   boards   and  a 
commissioners  (Doc.  No.  265). 

By  Mr.  Howard  of  Reading,  Resolution  to  establish  a  commis-  Commission 
sion  on  effective  administration  (Doc.  No.  266).  adminStration. 

By  the  same  member.  Resolution  for  systematizing  the  ^state  state  admims- 
administration  and  providing  for  a  state  civil  service  commission  J2rganization. 
and  the  appointment  of  the  state  auditor  (Doc.  No.  267). 


•*. 


76 


JOURNAL  OF  THE  CONVENTION, 


Administrative 
departments,— 
changes. 


State  depart- 
ments, — 
ordinances. 


State 

officers,  — 
four-year 
term. 

Public  Service 
Commission,  — 
election. 
Certain 
officers,  — 
appointment. 
Departments, 
—  separation. 

Business  and 
public  service 
departments,  — 
reorganization. 


State  budget, 
etc. 


Id. 

Id. 

Public  credit. 


Issuance  of 
bonds. 


Appropriation 
bills,  —  veto 
of  items. 


Counting  of 
ballots. 

Compulsory 
voting. 

Election  of 
municipal 
officers. 


Equal 
suffrage. 

Corrupt 
practices. 

Qualifications 
of  voters. 

Id. 


By  the  same  member,  Resolution  to  provide  against  too  fre- 
quent changes  in  the  form  of  administrative  departments  of  the 
Commonwealth  (Doc.  No.  268). 

By  Mr.  Luce  of  Waltham,  Resolution  relative  to  the  issuing  of 
ordinances  by  departments,  commissions,  boards  and  other  ad- 
ministrative agencies  (Doc.  No.  269). 

By  Mr.  Newton  of  Everett,  Resolution  providing  for  a  four- 
year  term  for  elective  state  officers,  including  a  recall  provision 
in  the  case  of  Governor  (Doc.  No.  270). 

By  Mr.  Shaw  of  Revere,  Resolution  providing  for  the  election 
of  the  members  of  the  Public  Service  Commission  (Doc.  No.  271). 

By  Mr.  Walcott  of  Cambridge,  Resolution  relative  to  the  ap- 
pointment of  certain  officers  by  the  Governor  (Doc.  No.  272). 

By  the  same  member,  Resolution  relative  to  the  separation  of 
the  departments  of  government  (Doc.  No.  273). 

By  Mr.  Willett  of  Norwood,  Resolution  to  provide  for  the 
future  reorganization  of  the  business  and  public  service  depart- 
ments (Doc.  No.  274). 

Severally  to  the  committee  on  State  Administration. 

By  Mr.  Codman  of  Brookline,  Resolution  providing  for  a  state 
budget,  for  the  veto  of  items  therein  and  for  state  financial  super- 
vision of  public  loans  (Doc.  No.  275). 

By  Mr.  Dellinger  of  Wakefield,  Resolution  to  provide  for  estab- 
lishing a  state  budget  system  (Doc.  No.  276). 

By  Mr.  Willett  of  Norwood,  Resolution  relative  to  providing 
for  the  submission  by  the  Governor  of  an  executive  budget  (Doc. 
No.  277). 

By  Mr.  Mancovitz  of  Boston,  Resolution  relative  to  granting 
the  credit  of  the  Commonwealth  or  its  sub-divisions  (Doc.  No. 
278). 

By  the  same  member,  Resolution  relative  to  the  manner  in 
which  the  General  Court  may  authorize  the  issuance  of  bonds 
(Doc.  No.  279). 

By  Mr.  Walsh  of  Fitchburg,  Resolution  to  provide  for  the  ex- 
tension of  the  veto  power  of  the  Governor  to  separate  items  of 
appropriation  bills  (Doc.  No.  280). 

Severally  to  the  committee  on  State  Finance. 

By  ^  Mr.  Barrett  of  Cambridge,  Resolution  relative  to  the 
counting  of  ballots  cast  at  elections  (Doc.  No.  281). 

By  the  same  member,  Resolution  relative  to  compulsory  voting 
at  elections  (Doc.  No.  282). 

By  Mr.  Creed  of  Boston,  Resolution  relative  to  applying  all 
laws  and  legal  provisions  governing  the  election  of  state  officers 
to  the  election  of  all  municipal  officers  (Doc.  No.  283). 

By  Mr.  Delaney  of  Holyoke,  Resolution  to  provide  for  equal 
rights  of  suffrage  for  all  citizens  regardless  of  sex  (Doc.  No.  284). 

By  Mr.  George  of  Haverhill,  Resolution  relative  to  corrupt 
practices  in  elections  (Doc.  No.  285). 

By  Mr.  Morrill  of  Haverhill,  Resolution  relative  to  the  quali- 
fications of  voters  (Doc.  No.  286). 

By  Mr.  Scigliano  of  Boston,  Resolution  to  enable  persons  who 
have  declared  their  intentions  to  become  citizens  of  the  United 
States  to  vote  in  city  and  town  elections  (Doc.  No.  287). 


TUESDAY,  JUNE  26,   1917.  77 

By  Mr.  O'Connor  of  Chicopee,  Resolution  relative  to  prohibit-  Political  party 
ing  the  use  of  party  designations  in  certain  primaries  and  elec-    ' 
tions  (Doc.  No.  288). 

By  Mr.  Walsh  of  Fitchburg,  Resolution  to  provide  for  voting  Absentee 
by  persons   unable  for  valid   reasons  to  attend  the  polls  (Doc.  voting 
No.  289). 

Severally  to  the  committee  on  Suffrage. 

By  Mr.  Bauer  of  Lynn,  Resolution  to  authorize  the  imposition  Poll  taxes  at 
and  collection  of  poll  taxes  at  varying  rates  for  the  purpose  of  varyine rates- 
inducing  the  full  exercise  of  voting  rights  (Doc.  No.  290). 

By  Mr.  Carr  of  Hopkinton,  Resolution  relative  to  uniformity  Taxation,— 
in  real  estate  assessments  for  taxation  (Doc.  No.  291).  USaSSente. 

By  Mr.   Creamer  of  Lynn,  Resolution  to  provide  a  limit  to  Taxexemp- 
tax  exemptions  (Doc.  No.  292).  tions, -limit. 

By  Mr.   Delaney  of  Holyoke,  Resolution  to  provide  for  the  single  tax 
single  tax  upon  land  values  (Doc.  No.  293).  system- 

By  Mr.   Kerr  of  Maiden,   Resolution  relative  to  authorizing  id. 
the  single  tax  (Doc.  No.  294). 

By   Mr.   Horgan   of  Boston,   Resolution  to  provide  for  true,  Taxation,— 
complete  and  accurate  returns  of  all  personal  properties  which  ^fns!e 
may  be  subject  to  taxation  (Doc.  No.  295). 

By  Mr.  Shaw  of  Revere,  Resolution  relative  to  making  uni-  Uniform  taxa- 
form  the  application  of  all  statutes  relating  to  the  taxation  of  tlonlaws 
property  (Doc.  No.  296). 

By   Mr.   Walsh  of  Fitchburg,   Resolution  to  provide  for  full  ^^H5' 
publicity  of  tax  assessments  (Doc.  No.  297).  publicity. 

By  Mr.  Mancovitz  of  Boston,  Resolution  relative  to  taxation  Taxation  of 
of  real  estate  (Doc.  No.  298). 

By  Mr.  Leonard  of  Boston,  Resolution  granting  power  to  the  Taxation  of 
General  Court  to  levy  taxes  on  persons  and  property  of  alien  ahens> 
residents  (Doc.  No.  299). 

By  Mr.  Kenny  of  Boston,  Resolution    relative    to    the  taxa-  Taxation,— 
tion   of  agricultural   or  farming  lands  and  products   (Doc.  'No.  KTan™1 

300).  products. 

By  Mr.  Kelley  of  Rockland,  Resolution  relative  to    taxation  Taxation,— 
of  real  estate  and  incomes  (Doc.  No.  301). 
Severally  to  the  committee  on  Taxation. 


The  following  order,  filed  with  the  Secretary  before  five  o'clock 
P.M.,  June  25,  by  Mr.  Brown  of  Brockton,  was  adopted:  — 

Ordered,  That  the  committee  on  Bill  of  Rights  consider  and 
report  upon  the  subject  of  further  protection  in  the  Bill  of  Rights  pnsonment. 
against  unjust  and  oppressive  imprisonment  of  poor  debtors. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on  Contingent  Expenses  and  Pay-  Compensation^ 
Roll,  who  were  instructed  by  an  order  adopted  on  June  20  to  ^ISbS** 
determine  and  report  the  manner  in  which  compensation  shall  be  payments. 
paid  to  the  members,  recommending  that  each  member  of  the 


78 


JOURNAL   OF   THE  CONVENTION, 


Convention  be  entitled  to  be  paid  one  hundred  dollars,  on  ac- 
count, at  the  end  of  each  month;  but  that  such  monthly  pay- 
ments shall  not  exceed  in  the  aggregate  the  compensation  of  the 
member  authorized  by  the  Convention,  was  considered. 

Mr.  Shefburne  of  West  Springfield  moved  that  the  report  be 
amended  by  striking  out  the  words  "  one  hundred  dollars  ",  and 
inserting  in  place  thereof  the  words  "  two  hundred  dollars  ". 

Mr.  Brown  of  Brockton  moved  that  the  report  be  amended  by 
inserting  after  the  words  "on  account,"  the  words  "and  one 
hundred  dollars". 

After  debate  the  amendment  moved  by  Mr.  Sherburne  was 
rejected. 

Mr.  Harriman  of  New  Bedford  moved  that  the  report  be 
amended  by  striking  out  the  words  "at  the  end  of  each  month", 
and  inserting  in  place  thereof  the  words  "in  equal  instalments 
on  the  first  and  fifteenth  of  each  month". 

After  further  debate  the  amendments  moved  by  Messrs. 
Brown  and  Harriman  were  severally  rejected. 

Mr.  Lane  of  Boston  moved  that  the  report  be  amended  by 
striking  out  all  after  the  words  "entitled  to  be  paid",  and  in- 
serting in  place  thereof  the  words  "seven  hundred  and  fifty 
dollars  on  the  day  the  Convention  adjourns";  and  this  amend- 
ment was  rejected. 

The  report  of  the  committee  was  then  accepted. 


Resolution  reported  by  the  committee  on  Elections,  that 
District,—        Joseph  M.  Sullivan  of  Boston  be  declared  a  duly  elected  member 
ledt    of  the  Constitutional  Convention  from  the  Fourth  Suffolk  Repre- 
sentative District  (see  Doc.  No.  133),  was  adopted. 

Committee  Vacancy  Filled. 

^iSp^cgv-      The   President   announced   the   appointment   of   Mr.  'Lincoln 
eminent,—        Bryant  of  Milton  to  fill  the  vacancy  in  the  membership  of  the 
committee  on  Municipal  Government. 


At  fifteen  minutes  after  three  o'clock,  on  motion  of  Mr.  Edwin 
U.  Curtis  of  Boston,  the  Convention  adjourned,  to  meet  on 
Tuesday,  July  10,  at  two  o'clock  P.M. 


TUESDAY,  JULY  10,  1917.  79 


TUESDAY,  July  10,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Qualification  of  a  Member. 

Mr.   Joseph   M.   Sullivan   of   Boston,   member-elect  from   the  Qualification 
Fourth  Suffolk  Representative  District,  being  present,  the  oaths 
of  qualification  were  administered  by  the  President  of  the  Con-  Boston, 
vention,  and  were  duly  taken  and  subscribed  by  Mr.  Sullivan. 

The  President  announced  the  appointment  of  Mr.  Sullivan  to 
fill  the  vacancy  in  the  membership  of  the  committee  on  the 
Liquor  Traffic. 

Printing  of  Bulletins  of  Information. 

The  following  order,  offered  by  Mr.  Newton  of  Everett,  was 
read : — 

Ordered,  That  the  supplementary  bulletin  on  biennial  elections,  "History  of 
entitled  "History  of  the  Movement  for  Biennials  in  Massachu- 
setts",  prepared  by  the  commission  appointed  to  compile  infor-  i 
mation  and  data  for  the  Convention,  be  printed  as  a  Convention  s 
document. 

Mr.  Newton  moved  a  suspension  of  the  provision  of  the  stand-    ' 
ing  order  requiring  that  this  order  be  referred  to  the  committee 
on  Rules  and  Procedure.     The  motion  prevailed;  and  after  debate 
the  order  was  adopted.     (See  Doc.  No.  355.) 

The  following  order,  offered  by  Mr.  Harriman  of  New  Bedford, 
was  read:  — 

Ordered,  That  the  bulletin  on  "Jury  Trials  in  Injunction  Con-  "jury  Trials 
tempt  Cases",  prepared  by  the  commission  appointed  to  compile  c^SoSS?011 
information  and  data  for  the  Convention,  be  printed  as  a  Con-  Cases". 
vention  document. 

Mr.  Harriman  moved  a  suspension  of  the  provision  of  the 
standing  order  requiring  'that  this  order  be  referred  to  the  com- 
mittee on  Rules  and  Procedure.  After  debate  the  motion  pre- 
vailed. 

The  consideration  of  the  order  was  then  postponed  until  the 
next  session,  at  the  request  of  Mr.  Pillsbury  of  Wellesley. 

Addresses  on  the  Initiative  and  Referendum. 

The  following  order,  offered  by  Mr.  Shaw  of  Revere,  was 
read : — 

Ordered,  That  the  Convention  request  Dr.  A.  Lawrence  Lowell, 
President  of  Harvard  University,  and  Hon.  William  Jennings 
Bryan  each  to  address  the  Convention  on  the  subject  of  the 


80 


JOURNAL  OF  THE  CONVENTION, 


Committee  of 
the  Whole,  — 
docket. 


initiative  and  referendum  on  a  date  at  their  convenience  to  be 
fixed  by  the  President  of  the  Convention. 

Mr.  Underbill  of  Somerville  moved  that  the  order  be  amended 
by  inserting  after  the  name  "William  Jennings  Bryan"  the 
words  "and  James  F.  Carey  of  Haverhill";  and  this  amend- 
ment, after  debate,  was  rejected. 

Mr.  Edwin  U.  Curtis  of  Boston  then  moved  that  the  further 
consideration  of  the  order  be  indefinitely  postponed;  and  this 
motion  was  adopted. 

Docket  for  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  Secretary  prepare  a  docket  for  the  Commit- 
tee of  the  Whole,  in  which  reports  of  committees  shall  be  ar- 
ranged as  nearly  as  possible  in  the  order  in  which  the  topics 
involved  are  found  in  the  Constitution,  with  such  grouping  of 
kindred  subjects  as  may  be  practicable. 


Committee  on 
Form  and 
Phraseology,  — 
"Legislature" 
and  "Supreme 
Court." 


"Legislature"  and  "Supreme  Court". 

On  motion  of  Mr.  Pillsbury  of  Wellesley,  — 

Ordered,  That  the  committee  on  Form  and  Phraseology  con- 
sider the  expediency  of  substituting  for  the  words  "General 
Court",  wherever  they  occur  in  the  Constitution,  the  word 
"Legislature",  and  for  the  words  "Supreme  Judicial  Court", 
wherever  they  occur  therein,  the  words  "Supreme  Court". 


Opinion  of  the 
Justices  of  the 
Supreme 
Judicial 
Court,  — 
amendment 
of  the 
Constitution. 


Opinion  of  the  Justices  of  the  Supreme  Judicial  Court. 

The  consideration  of  the  following  order,  offered  by  Mr.  Ben- 
nett of  Saugus,  was  postponed  until  the  next  session,  at  the  re- 
quest of  Mr.  Lomasney  of  Boston:  — 

Whereas,  The  War  for  the  Union  was  fought  by  the  Northern 
States  upon  the  theory  that  the  American  Constitution  was  a 
permanent  contract,  unalterable  except  upon  terms  expressed  in 
the  contract  itself;  therefore  be  it 

Ordered,  That  the  Justices  of  the  Supreme  Judicial  Court  are 
requested  to  explain  as  promptly  as  possible  to  the  Convention 
why  the  Constitution  of  The  Commonwealth  of  Massachusetts  is 
not  a  similarly  permanent  contract,  to  be  amended  only  upon 
the  terms  provided  therein;  and 

Whereas,  It  is  a  recognized  principle  of  legislation  that  the 
statute  of  latest  date  repeals  all  previous  acts  or  parts  of  acts 
inconsistent  therewith;  therefore  be  it 

Ordered,  That  the  Justices  are  requested  further  to  explain 
whether  or  not  Amendment  IX,  providing  for  a  two-thirds  vote 
in  two  successive  legislatures  as  a  condition  precedent  to  any 
amendment  of  our  Constitution,  forfeits  or  surrenders  or  repeals 
any  previous  method  of  amendment;  and  be  it  further 

Ordered,  That  the  Justices  are  requested  to  state  whether  an 
inherent  right  exists  and  has  always  existed  on  the  part  of  a  bare 
majority  of  the  citizens  voting  at  any  election  duly  called  for  the 
purpose  to  disregard  all  existing  provisions  for  more  than  a  ma- 


TUESDAY,  JULY  10,  1917.  81 

jority  vote  in  changing  any  portion  of  the  Constitution,  —  in 
other  words,  have  the  people  of  The  Commonwealth  of  Massa- 
chusetts any  right  under  the  existing  Constitution  to  provide  for 
such  deliberations  and  safeguards  as  shall  protect  a  minority  of 
its  citizens  against  hasty  and  tyrannous  action  by  a  temporary 
majority  in  amending  the  Constitution? 

Petitions. 

Petitions  were  severally  presented  and  referred  as  follows:  - 
By  Mr.  Adams  of  Quincy,  petition  of  the  Rand  Class  of  the  Public  appro- 
First  Baptist  Church  of  Wollaston;  by  Mr.  Merriam  of  Fram-  gjJSJ^f 
ingham,  petition  of  the  First  Baptist  Church  in  Framingham;  certain 
by  Mr.  Pillsbury  of  Wellesley,  petition  of  the  Baptist  Church  ir 
of  West  Medway;  by  Mr.  Tatman  of  Worcester,  petition  of  the 
First    Finnish    Congregational    Church    of    Worcester;    by    Mr. 
Turner   of   Fall   River,   petition   of   the   Men's   Class   of   Union 
Methodist  Episcopal  Church  of  Fall  River;  and  by  Mr.  Wash- 
burn  of  Middleborough,  petition  of  the  men's  Bible  classes  of 
the  Central  Methodist  Episcopal  Church  of  Middleborough,  - 
severally  in  support  of  the  Resolution  to  prohibit  the  support  of 
sectarian  institutions  from  public  funds  (Doc.  No.  66)  and  pro- 
testing against  the  substitution  of  any  amendment  prohibiting 
appropriations  of  public  money  to  private  institutions. 
Severally  to  the  committee  on  Bill  of  Rights. 

Changes  in  Committee  References. 

Mr.  Richardson  of  Newton,  for  the  committee  on  Amendment  Constitutional 
and  Codification  of  the  Constitution,  reported  asking  to  be  dis-  ^!£^ent8' 
charged  from  the  further  consideration  of  the  Resolution  to  pro-  adoption, 
vide  for  the  direct  adoption  of  constitutional  amendments  by 
referendum  to  the  people  (Doc.  No.  134),  and  recommending  that 
the  same  be  referred  to  the  committee  on  Initiative  and  Referen- 
dum. 

Mr.  Reidy  of  Boston,  for  the  committee  on  The  General  Court,  Public jiuis- 
reported  asking  to  be  discharged  from  the  further  consideration  of  regulation. 
the  Resolution  relative  to  the  power  of  the  General  Court  to 
regulate  smells,  sights  and  sounds  and  the  construction  of  build- 
ings (Doc.  No.  182),  and  recommending  that  the  same  be  referred 
to  the  committee  on  Social  Welfare. 

Mr.  Charles  P.  Curtis,  Jr.,  of  Boston,  for  the  committee  on  Munic-  Municipal 
ipal  Government,  reported  asking  to  be  discharged  from  the  further  JSSJSonrf  ~~ 
consideration  of  so  much  of  the  Resolution  providing  for  home  property. 
rule  for  cities  and  towns  (Doc.  No.  99)  as  relates  to  the  power  of 
municipalities  to  "classify  property  for  taxation  at  varying  rates" 
and   to    "exempt  any  class  of  property  from  taxation"  (lines  20 
and  21),  and  from  the  further  consideration  of   so  much  of  the 
Resolution  to  provide  for  a  larger  measure  of  home  rule  for  cities 
and  towns  (Doc.  No.  100)  as  relates  to  the  power  of  municipali- 
ties "to  exempt  classes  of  property  from  taxation"  (lines  6  and 
7),  and  recommending  that  the  same  be   referred  to  the  com- 
mittee on  Taxation. 


82 


JOURNAL  OF  THE  CONVENTION, 


Municipal 
rule,  —  home- 
steads and 


of  life. 


Pensions  for 
the  aged  and 
needy,  — 
special  tax. 


State  fire 
insurance 
fund. 


Workmen's 
compensation, 
—  state  fund. 


Public  welfare. 


The  same  member,  for  the  same  committee,  reported  asking  to 
be  discharged  from  the  further  consideration  of  so  much  of  the 
Resolution  to  provide  for  a  larger  measure  of  home  rule  for  cities 
and  towns  (Doc.  No.  100)  as  relates  to  the  power  of  municipali- 
ties "to  acquire  land  for  homes  for  its  citizens,  and  to  hold,  im- 
prove, subdivide,  sell,  lease,  rent,  or  build  upon  the  same,  to 
maintain  a  sufficient  supply  of  food,  shelter  and  other  necessities 
of  life  at  reasonable  cost,  or  do  any  lawful  act  intended  ulti- 
mately to  promote  the  general  welfare  notwithstanding  that  the 
primary  effect  of  such  act  may  benefit  individuals"  (lines  7  to 
14),  and  recommending  that  the  same  be  referred  to  the  com- 
mittee on  Public  Affairs. 

Mr.  Washburn  of  Worcester,  for  the  committee  on  Social  Insur- 
ance, reported  asking  to  be  discharged  from  the  further  considera- 
tion of  the  Resolution  for  a  special  tax  to  provide  pensions  for 
the  aged  and  needy  (Doc.  No.  52),  and  recommending  that  the 
same  be  referred  to  the  committee  on  Taxation. 

The  same  member,  for  the  same  committee,  reported  asking  to  be 
discharged  from  the  further  consideration  of  the  Resolution  rela- 
tive to  creating  a  state  fire  insurance  fund  (Doc.  No.  108),  and 
recommending  that  the  same  be  referred  to  the  committee  on 
Public  Affairs. 

Mr.  Weekes  of  Harwich,  for  the  committee  on  Social  Welfare, 
reported  asking  to  be  discharged  from  the  further  consideration  of 
the  Resolution  providing  for  a  state  fund  for  workmen's  com- 
pensation (Doc.  No.  54),  and  recommending  that  the  same  be 
referred  to  the  committee  on  Social  Insurance. 

The  same  member,  for  the  same  committee,  reported  asking  to 
be  discharged  from  the  further  consideration  of  the  Resolution 
relative  to  the  protection  and  welfare  of  employees  (Doc.  No. 
115),  and  of  the  Resolution  authorizing  the  General  Court  to 
enact  laws  to  promote  the  health,  safety,  morals  or  welfare  of 
the  people  (Doc.  No.  117),  and  recommending  that  the  same  be 
referred  to  the  committee  on  Labor. 

The  reports  were  severally  read  and  accepted;  and  accordingly 
the  resolutions  were  referred  as  recommended. 


Trial  by  jury. 


Credentials  of 
members  of 
the  Conven- 
tion. 


Reports  of  Committees. 

By  Mr.  Bassett  of  Taunton,  for  the  committee  on  Judicial 
Procedure,  to  whom  was  referred  the  Resolution  for  the  regu- 
lation of  trial  by  jury  (Doc.  No.  46),  that  the  proponent  of  the 
resolution  desires  to  withdraw  the  same  and  the  committee  is 
unanimously  of  the  opinion  that  his  request  should  be  complied 
with,  and  that  it  is  inexpedient  to  take  any  further  action  thereon. 

The  report  was  read;  and  it  was  considered  forthwith  and  was 
accepted.  . 

By  Mr.  White  of  North  Brookfield,  for  the  committee  on  Elec- 
tions, no  action  necessary,  on  the  communication  from  Timothy  L. 
Connolly  of  Boston  requesting  the  Convention  to  appoint  a 
committee  on  Credentials  and  that  opportunity  be  given  for 
appearance  before  said  committee  to  protest  against  the  holding 
of  seats  by  certain  members  of  the  Convention. 


TUESDAY,  JULY  10,  1917.  83 

The  report  (Doc.  No.  303)  was  read;  and  it  was  placed  in  the 
Orders  of  the  Day  for  the  next  session. 

By  Mr.  Hart  of  Cambridge,  for  the  committee  on  Amendment 
and  Codification  of  the  Constitution,  that  the  order  referred  to 
said  committee  on  June  19  ought  to  be  adopted  in  the  following 
new  draft  [Messrs.  Thompson  of  Haverhill,  Horgan  of  Boston  and 
Creed  of  Boston  dissenting]  :  —  . 

Ordered,    (1)  That  the  work  of  the  -Massachusetts   Constitu-  Submission  to 
tional    Convention  shall  take  the  form  of  a  main  constitution 
and  of  a  series  of  separate  amendments,  to  be  designated  by  the 
Convention; 

(2)  That    the    main    constitution    shall    be    based    upon    the 
present  Constitution  and  the  amendments  now  in  force,  which 
shall  be  consolidated  and  arranged,  as  amended,  in  proper  sub- 
divisions under  appropriate  titles,  omitting  all  articles,   clauses 
and  words   not  in  force,   and  making  no  other  changes  in  the 
provisions,  and  no  substantive  changes  in  the  language  thereof; 

(3)  That  the  main  constitution,  consolidated  and  arranged  as 
aforesaid,  and  the  separate  amendments  shall  be  submitted  to  a 
vote  of  the  people  in  such  form  that  the  main  constitution  and 
each  of  the  separate  amendments  shall  be  voted  upon  separately; 

(4)  That,  in  case  the  main  constitution  should  not  be  adopted, 
those  separate  amendments  that  shall  be  adopted  each  for  itself 
shall  become  amendments  and  parts  of  the  present  Constitution. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders  of 
the  Day  for  the  next  session. 


By  Mr.   Webster  of  Waltham,  for  the  committee  on  Bill  of 
Rights,   leave   to   withdraw,    on   the   petition   of   J.    M.   Foster,  Constitution. 
accompanied  by  Resolution  relative  to  the  preamble  to  the  Con- 
stitution (Doc.  No.  144). 

By   Mr.    Hobbs   of   Worcester,   for   the   committee   on   Public  pubiicutiii- 
Affairs,  leave  to  withdraw,  on  the  petition  of  the  Massachusetts        ~i 
State  Branch  of  the  American  Federation  of  Labor,  accompanied 
by  Resolution  providing  for  state,  county  and  municipal  owner- 
ship of  public  utilities  (Doc.  No.  245). 

The  reports  were  severally  read;  and  the  petitions  were  referred, 
under  the  rule,  to  the  Committee  of  the  Whole. 


By  Mr.  Merrill  of  Gloucester,  for  the  committee  on  Bill  of 
Rights,  that  the  Resolution  providing  for  an  amendment  of  the  Constitution. 
preamble  of  the  Constitution  (Doc.  No.  21)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution providing  that  the  rights  of  individuals  shall  not  prevent  Rights  of 
public   authorities   from   controlling   business   enterprises   in   the  JJjJS  business 
interest  of  public  welfare  (Doc.  No.  22)  ought  not  to  pass.  enterprises. 

By  Mr.  Swig  of  Taunton,  for  the  same  committee,  that  the  Business  and 
Resolution  to  prohibit  discrimination  on  account  of  sex  in  con-  ^SSSSi- 
nection  with  business  and  professions  (Doc.  No.  68)  ought  not  nation. 
to  pass. 

By  Mr.   Doe  of  Franklin,  for  the  same  committee,  that  the  private  prop: 
Resolution  relative   to   the   use   of   private  property  for   publi 
urposes  (Doc.  No.  142)  ought  not  to  pass. 


84 


JOURNAL  OF  THE  CONVENTION, 


Vocational, 
trade  and 
textile  schools. 


Legislative 
recess  com- 
mittees and 
commissions. 


Representa- 
tives, —  appor- 
tionment. 


Members  of 
the  General 
Court,  —  ap- 
portionment. 

Senators,  — 
apportion- 
ment. 


Id. 


Capital 
punishment. 


Office  of 
notary  public. 


Office  of 
justice  of 
the  peace. 


Courts,  — 
unconstitu- 
tionally of 
statutes. 

Lord's  Day 
sports,  — 
municipal 
control. 


Public  utili- 
ties, —  munic- 
ipal control. 


Grants, 
franchises, 
etc.,  —  revo- 
cation. 


Special 
privileges. 


Food  in  cold 
storage,  — 
publicity, 


Gas  and 
electric 
plants,  — 
municipal 
ownership. 


By  Mr.  William  H.  Sullivan  of  Boston,  for  the  same  com- 
mittee, that  the  Resolution  relative  to  appropriations  for  voca- 
tional, trade  and  textile  schools  (Doc.  No.  148)  ought  not  to  pass. 

By  Mr.  Kinney  of  Boston,  for  the  committee  on  The  General 
Court,  that  the  Resolution  relative  to  service  on  certain  legis- 
lative recess  committees  and  commissions  (Doc.  No.  5)  ought 
not  to  pass. 

By  Mr.  Tatman  of  Worcester,  for  the  same  committee,  that 
the  Resolution  to  provide  that  the  apportionment  of  Represent- 
atives be  based  upon  population  (Doc.  No.  79)  ought  not  to  pass. 

By  Mr.  Quinn  of  Sharon,  for  the  same  committee,  that  the 
Resolution  relative  to  the  apportionment  of  members  of  the 
General  Court  (Doc.  No.  85)  ought  not  to  pass. 

By  Mr.  Crosby  of  Arlington,  for  the  same  committee,  that 
the  Resolution  to  provide  that  the  apportionment  of  Senators 
be  based  upon  population  (Doc.  No.  80)  ought  not  to  pass. 

By  Mr.  Moran  of  Fall  River,  for  the  same  committee,  that  the 
Resolution  relative  to  the  arrangement  of  districts  for  the  elec- 
tion of  members  of  the  Senate  (Doc.  No.  170)  ought  not  to  pass. 

By  Mr.  Williams  of  Brookline,  for  the  committee  on  the 
Judiciary,  that  the  Resolution  relative  to  capital  punishment 
(Doc.  No.  31)  ought  not  to  pass. 

By  Mr.  Burns  of  Pittsfield,  for  the  same  committee,  that  the 
Resolution  to  abolish  the  office  of  notary  public  as  an  office 
under  the  Constitution  (Doc.  No.  32)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution to  abolish  the  office  of  justice  of  the  peace  as  an  office 
under  the  Constitution  (Doc.  No.  33)  ought  not  to  pass. 

By  Mr.  Montague  of  Boston,  for  the  same  committee,  that 
the  Resolution  limiting  the  power  of  the  courts  to  declare  statutes 
to  be  unconstitutional  (Doc.  No.  47)  ought  not  to  pass. 

By  Mr.  Bryant  of  Milton,  for  the  committee  on  Municipal 
Government,  that  the  Resolution  relative  to  granting  power  to 
cities  and  towns  to  authorize  athletic  contests  on  the  Lord's  Day 
(Doc.  No.  225)  ought  not  to  pass. 

By  Mr.  Hobbs  of  Worcester,  for  the  committee  on  Public 
Affairs,  that  the  Resolution  relative  to  empowering  cities  and 
towns  to  acquire,  own  and  operate  public  utilities  (Doc.  No.  101) 
ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  the  revocation  or  alteration .  of  grants,  fran- 
chises, privileges  or  immunities  (Doc.  No.  103)  ought  not  to  pass 
[Mr.  Anderson  of  Brookline  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  prohibiting  the  granting  of  special  privileges  to 
individuals,  corporations  or  associations  (Doc.  No.  105)  ought  not 
to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution requiring  publicity  as  to  food  kept  in  cold  storage  (Doc. 
No.  106)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution to  provide  for  municipal  ownership  of  plants  for  the 
manufacture,  use  and  sale  of  gas  and  electricity  (Doc.  No.  241) 
ought  not  to  pass. 


TUESDAY,  JULY  10,   1917.  85 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  Public  utiii- 
lution  to  provide  for  public  ownership  of  all  public  utilities  and  poweraf— ater 
for  the  conservation  of  the  water  powers  of  the  Commonwealth  public  owner- 
(Doc.  No.  242)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  to  provide  for  the  ownership,  purchase  and  operation  of 
public  utilities  (Doc.  No.  243)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  to  authorize  the  taking  of  public  utilities  or  any  part  or 
parts  thereof  (Doc.  No.  244)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  street  raii- 
lution  relative  to  the  public  ownership  and  operation  of  street 
railways  (Doc.  No.  246)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  Franchises,— 
lution    relative    to    prohibiting    the    granting    of    franchises    for  terms- 
longer  terms  than  fifty  years  (Doc.  No.  249)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  limiting  the  granting  of  franchises  to  terms  of 
twenty-five  years  (Doc.  No.  250)  ought  not  to  pass. 

By  Mr.  Buttrick  of  Lancaster,  for  the  committee  on  Suffrage,  Qualifications 
that  the   Resolution  reducing  the  limit  of  time  required  as  a  of  voters- 
qualification  for  registration  and  voting  (Doc.  No.  127)  ought  not 
to  pass. 

By  Mr.  Ferry  of  Northbridge,  for  the  same  committee,  that 
the  Resolution  relative  to  ascertaining  the  qualifications  of 
candidates  for  offices  to  be  voted  for  by  the  people  (Doc.  No.  129) 
ought  not  to  pass. 

By  Mr.  Cooney  of  Peabody,  for  the  same  committee,  that  the  Counting  of 
Resolution  relative  to  the  counting  of  ballots  cast  at  elections  baUots- 
(Doc.  No.  281)  ought  not  to  pass. 

By  Mr.  Wing  of  Dartmouth,  for  the  same  committee,  that  the  Municipal^ 
Resolution   relative   to   applying   all   laws   and   legal   provisions  feSfpro- 
governing   the   election   of   state   officers   to   the   election   of   all  visions, 
municipal  officers  (Doc.  No.  283)  ought  not  to  pass. 

By  Mr.  Aylward  of  Cambridge,  for  the  same  committee,  that  %££& prac' 
the  Resolution  relative  to  corrupt  practices  in  elections   (Doc.  elections. 
No.  285)  ought  not  to  pass. 

By  Mr.  Corrigan  of  Natick,  for  the  same  committee,  that  the  Primaries  and 
Resolution  relative  to  prohibiting  the  use  of  party  designations  e 
in  certain  primaries  and  elections  (Doc.  No.  288)  ought  not  to 
pass. 

The  reports  were  severally  read;  and  the  resolutions  were  re- 

Irred,  under  the  rule,  to  the  Committee  of  the  Whole. 
Adjournment  and  Hour  of  Meeting. 

Mr.  Luce  of  Waltham  moved  that,  when  the  Convention  ad- 
journs to-day,  it  adjourn  to.  meet  on  Tuesday  next  at  one  o'clock  juiy"^ 
P.M. 

Mr.  Sullivan  of  Lawrence  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Thursday  next  at  two 
o'clock  P.M. 


86 


JOURNAL  OF  THE  CONVENTION, 

After  debate  the  question  was  put  on  the  motion  of  Mr. 
Luce,  that  motion  having  precedence  under  the  rule,  and  the 
same  prevailed. 


At  eight  minutes  after  three  o'clock,  on  motion  of  Mr.  Brown 
of  Brockton,  the  Convention  adjourned,  to  meet  on  Tuesday, 
July  17,  at  one  o'clock  P.M. 


TUESDAY,  JULY  17,   1917.  87 


TUESDAY,  July  17,  1917. 
Met  according  to  adjournment,  at  one  o'clock  P.M. 

Prayer  was  offered  by  Rev.  David  Fraser  of  Somerville,  for- 
merly Chaplain  of  the  New  Hampshire  House  of  Representatives. 

Leave  of  Absence. 

On  motion  of  Mr.  Stearns  of  Cambridge,  — 

Voted,  That  Mr.  Benton  of  Belmont  be  granted  leave  of  ab-  Everett  c. 
sence,  under  Rule  13,  because  of  illness.  Benton. 

Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Whipple  of  Brookline,  — 

Voted,  That,  when  the  Convention  adjourns  to-day,  it  adjourn  Next  session. 
to  meet  to-morrow  at  two  o'clock  P.M. 

Compensation  of  Joseph  M.  Sullivan. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  Secretary  make  up  the  pay-roll  for  the  trav-  Joseph  M 
elling  expenses  of  Joseph  M.  Sullivan  of  Boston;    and  that  the  Sullivan. 
compensation  of  Mr.  Sullivan  for  attendance  be  allowed  from  the 
beginning  of  the  Convention. 

Compensation  of  Members  of  the  Convention. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent  Ex- 
penses and  Pay-Roll,  who  were  instructed,  on  June  20,  to  deter- 
mine and  report  the  manner  in  which  compensation  shall  be  paid 
to  the  members^  reported,  in  part,  recommending  the  adoption  of 
the  following  order,  to  supersede  the  order  now  in  force:  — 

Ordered,  That  the  delegates  to  the  Constitutional  Convention  Compensation 
be  paid  $200  for  the  month  of  July,  and  thereafter  $150  per  of  members- 
month,   provided  that  the  full  compensation  for  each  delegate 
shall  not  exceed  $750  for  the  full  term  of  the  Convention. 

The  report  was  read;   and  the  order  was  considered  forthwith 

d  was  adopted. 


Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of    the    Constitution,    County    and    District    Government    and 
Municipal  Government  (sitting  jointly),  the  Executive,  Form  and  time. 
Phraseology,  The  General  Court,  Initiative  and  Referendum,  the 
Judiciary,  Labor,  Labor  and  Judicial  Procedure  (sitting  jointly), 
Municipal    Government,    Public    Affairs,    Social    Welfare,    State 
Administration,  State  Administration  and  the  Executive  (sitting 
jointly),  State  Finance,  and  Taxation  be  granted  until  Tuesday, 
July  24,  in  which  to  report  on  matters  referred  to  them. 


88 


JOURNAL  OF  THE  CONVENTION, 


Jasper  N. 
Johnson  of 
Medford,  — 
claim  for  a 
seat  in  the 
Convention. 


Patrick  H. 
Jennings,  — 
claim  for  a 
seat  in  the 
Convention. 


Claims  for  Seats  in  the  Convention. 

The  following  reports  were  severally  read;  and  they  were 
placed  in  the  Orders  of  the  Day  for  the  next  session :  - 

By  Mr.  George  of  Haverhill,  for  the  committee  on  Elections, 
no  action  necessary,  on  the  communication  from  Jasper  N.  John- 
son of  Medford  claiming  to  have  been  elected  to  membership  in 
the  Convention  from  the  Twenty-fifth  Middlesex  Representative 
District.  (Doc.  No.  328.) 

By  Mr.  Dean  of  Fall  River,  for  the  same  committee,  leave  to 
withdraw,  on  the  communication  from  Patrick  H.  Jennings  of 
Boston  claiming  election  as  delegate  at  large  and  asking  for  an 
examination  and  recount  of  all  ballots  cast  for  delegates  at  large 
[Messrs.  Perry  of  Boston,  Green  of  Boston,  Timothy  J.  Driscoll  of 
Boston  and  Peterson  of  Brockton  dissenting].  (Doc.  No.  329.)  On 
motion  of  Mr.  Dennis  D.  Driscoll  of  Boston  the  views  of  the 
minority  of  the  committee  were  ordered  printed  with  the  report. 


Rights  of 
working  men 
and  women. 


Council,  — 
abolition. 


Casualty 
insurance  com- 
panies, — 
liability. 


Cities  and 
towns,  — 
granting  of 
credit. 


Bond  issues. 


Changes  in  Committee  References. 

Mr.  Barnes  of  Wey mouth,  for  the  committee  on  Bill  of  Rights, 
reported  asking  to  be  discharged  from  the  further  consideration 
of  the  Resolution  relative  to  the  right  to  labor  and  to  enjoy 
the  fruits  thereof  (Doc.  No.  146),  and  of  the  Resolution  provid- 
ing for  a  clearer  declaration  of  certain  rights  of  working  men 
and  women  (Doc.  No.  150),  and  recommending  that  the  same  be 
referred  to  the  committees  on  Labor  and  Judicial  Procedure,  sit- 
ting jointly. 

Mr.  Quincy  of  Boston,  for  the  committee  on  the  Executive, 
reported  asking  to  be  discharged  from  the  further  consideration  of 
the  Resolution  providing  for  the  abolition  of  the  Council  (Doc. 
No.  162),  of  the  Resolution  providing  for  the  abolition  of  the 
Council  and  the  transfer  of  its  powers  and  duties  to  the  Senate 
(Doc.  No.  163),  and  of  the  Resolution  to  provide  for  the  abolition 
of  the  Council  (Doc.  No.  164),  and  recommending  that  the  same 
be  referred  to  the  committees  on  State  Administration  and  the 
Executive,  sitting  jointly. 

Mr.  A  very  of  Holyoke,  for  the  committee  on  Social  Insurance, 
reported  asking  to  be  discharged  from  the  further  consideration 
of  the  Resolution  to  empower  the  General  Court  to  make  abso- 
lute the  liabilities  of  casualty  insurance  companies  to  persons 
injured  by  accident  (Doc.  No.  256),  and  recommending  that  the 
same  be  referred  to  the  committee  on  Public  Affairs. 

Mr.  Dellinger  of  Wakefield,  for  the  committee  on  State  Finance, 
reported  asking  to  be  discharged  from  the  further  consideration 
of  so  much  of  the  Resolution  relative  to  granting  the  credit  of 
the  Commonwealth  or  its  sub-divisions  (Doc.  No.  278)  as  relates 
to  cities  and  towns,  and  recommending  that  the  same  be  referred 
to  the  committee  on  Municipal  Government. 

Mr.  Finn  of  Chelsea,  for  the  committee  on  State  Finance,  re- 
ported asking  to  be  discharged  from  the  further  consideration  of 
so  much  of  the  Resolution  relative  to  the  manner  in  which  the 
General  Court  may  authorize  the  issuance  of  bonds  (I}oc.  No.  279) 
as  relates  to  the  issuance  of  bonds  by  any  city,  town  or  other  civil 


TUESDAY,  JULY  17,   1917.  89 

division,  and  recommending  that  the  same  be  referred  to  the 
committees  on  County  and  District  Government  and  Municipal 
Government,  sitting  jointly. 

The  reports  were  severally  read  and  accepted;  and  accordingly 
the  resolutions  and  parts  of  resolutions  were  referred  as  recom- 
mended. 

Reports  of  Committees. 

The  Secretary  proceeded  to  the  reading  of  reports  of  committees 
on  proposals  to  amend  the  Constitution;  whereupon,  on  motion 
of  Mr.  Luce  of  Waltham,  — 

Voted,  That  the  reading  of  the  reports  be  dispensed  with,  and  Reports  of 
that  the  resolutions,  petitions  and  other  proposals  be  referred  to  comnuttees- 
the  Committee  of  the  Whole  without  the  reading  of  titles. 

The  reports  were  as  follows:  — 

By  Mr.  Richardson  of  Newton,  for  the  committee  on  Amend-  Future  con- 
ment  and  Codification  of  the  Constitution,  on  resolutions  Nos.  inventions 
63,  65  (in  part),  139,  140  and  141,  a  Resolution  to  provide  for 
the  calling  and  holding  of  future  constitutional  conventions  (Doc. 
No.   304)    [Messrs.    Bolster   of   Boston,    Horgan   of   Boston   and 
Creed  of  Boston  dissenting]. 

By  Mr.  Washburn  of  Middleborough,  for  the  same  committee,  General  Court, 
on  resolutions  Nos.  64,  65  (in  part),  135  and  138,  a  Resolution  SSSSo0*1" 
to  provide  for  the  proposal  of  future  amendments  to  the  Con-  amendments. 
stitution  by  the  General  Court  (Doc.  No.  305)  [Messrs.  Bolster    / 
of  Boston  and  Thompson  of  Haverhill  dissenting]. 

By  Mr.  Edwin  U.  Curtis  of  Boston,  for  the  committee  on  Bill  Public  funds, 
of  Rights,  on  resolutions  Nos.  2,  20,  66  and  145,  and  on  various  ^rtefifSsti- 
petitions  in  aid  and  remonstrances,  a  Resolution  relative  to  the  tutions- 
support  of  certain  institutions  from  public  funds  (Doc.  No.  306) 
[Mr.  Anderson  of  Newton  dissenting].    On  motion  of  Mr.  Anderson 
the  views  of  the  minority  were  ordered  printed  (Doc.  No.  307). 

By  Mr.   William  H.   Sullivan  of  Boston,  for  the  same  com-  special  privi- 
mittee,  that  the  Resolution  to  prevent  the  granting  of  special  J5ftinctionlass 
privileges  and  creating  class  distinction  among  the  people  of  this  (limited 
Commonwealth  (Doc.  No.  67)  ought  to  pass  in  a  new  draft  with  pen 
the  same  title  (Doc.  No.  308)  [Messrs.  Edwin  U.  Curtis  of  Boston, 
Coolidge  of  Milton,  Barnes  of  Weymouth,  Anderson  of  Newton, 
Pelletier  of  Boston  and  Walcott  of  Cambridge  dissenting]. 

By  Mr.  Coombs  of  Worcester,  for  the  committee  on  Educa-  Universities 
tion,  on  resolutions  Nos.  24,  73  and  157,  and  on  a  petition  ac-  JSoouragSnent 
companied  by  resolution  No.  158,  a  Resolution  relative  to  uni-  of  literature, 
versities   and   colleges   and   to   the   encouragement   of   literature 
(Doc.  No.  309). 

Mr.  Gates  of  Westborough,  for  the  committee  on  the  Execu-  Police  power,  — 
tive,  to  whom  was  referred  the  Resolution  relative  to  extending  ^Supreme 
the  application  of  the  decisions  of  the  Supreme  Judicial  Court  as  Judicial  Court. 
to  the  police  power,   so  called  (Doc.  No.  3),  reported   the  same 
without  recommendation. 

By  Mr.  Lufkin  of  Essex,  for  the  same  committee,  on  resolu-  Pardoning 
tions  Nos.  77  and  160,  a  Resolution  relative  to  the  pardoning  ** 
power  (Doc.  No.  310). 

By  Mr.  Quincyof  Boston,  for  the  same  committee,  on  resolutions  Governor,— 
Nos.  74,  76,  78,  165  and  166,  a  Resolution  relative  to  the  powers 
and  responsibilities  of  the  office  of  Governor  (Doc.  No.  311). 


90 


JOUKNAL  OF  THE  CONVENTION, 


General  Court, 
—  adjourn- 
ments. 


Judicial  power, 
—  distribution 
and  exercise. 


Id. 


Women,  — 
appointment 
as  notaries 
public. 


Intoxicating 
liquors,  — 
prohibition. 


Officers  of  the 
militia,  — 
selection. 


Militia,  — 
powers  of 
Commander- 
in-Chief  and 
General  Court. 


Necessities 
of  life,  — 
acquirement, 
sale  and  dis- 
tribution. 


State  insur- 
ance. 


Homes  for 
citizens. 


Natural  re- 
sources, — 
public  interest. 


Historical  and 
antiquarian 
property,  — 
preservation. 


By  Mr.  Luce  of  Waltham,  for  the  committee  on  The  General 
Court,  that  the  Resolution  relative  to  adjournments  of  the  Gen- 
eral Court  (Doc.  No.  83)  ought  to  pass  in  a  new  draft  with  the 
same  title  (Doc.  No.  312). 

By  Mr.  Pillsbury  of  Wellesley,  for  the  committee  on  Judicial 
Procedure,  that  the  Resolution  relative  to  the  authority  of  the 
Supreme  Judicial  Court  to  prescribe  method  of  procedure  (Doc. 
No.  188)  ought  to  pass  in  a  new  draft  entitled  "Resolution  rela- 
tive to  the  distribution  and  exercise  of  the  judicial  power"  (Doc. 
No.  313). 

By  the  same  member,  for  the  same  committee,  under  the  pro- 
visions of  Rule  25,  a  Resolution  relating  to  the  distribution  and 
exercise  of  the  judicial  power  (Doc.  No.  314). 

By  Mr.  Morton  of  Fall  River,  for  the  committee  on  the 
Judiciary,  on  resolutions  Nos.  92  and  214,  a  Resolution  provid- 
ing that  women  shall  be  eligible  to  appointment  as  notaries 
public  (Doc.  No.  315). 

By  Mr.  Underhill  of  Somerville,  for  the  committee  on  the 
Liquor  Traffic,  on  resolutions  Nos.  50  and  98,  a  Resolution 
relative  to  the  prohibition  of  the  manufacture,  sale,  keeping  for 
sale,  importation,  transportation  and  exportation  of  intoxicating 
liquors  (Doc.  No.  98)  [Messrs.  Lane  of  Boston,  Moriarty  of 
Boston,  Mitchell  of  Springfield,  James  H.  Brennan  of  Boston 
and  Joseph  M.  Sullivan  of  Boston  dissenting]. 

By  Mr.  Walker  of  New  Bedford,  for  the  committee  on  Mili- 
tary Affairs,  under  the  provisions  of  Rule  25,  a  Resolution  rela- 
tive to  the  selection  of  officers  of  the  militia  (Doc.  No.  316)  [Mr. 
Newhall  of  Stoneham  dissenting]. 

By  Mr.  Bouve  of  Hingham,  for  the  same  committee,  under  the 
provisions  of  Rule  25,  a  Resolution  relative  to  the  powers  of  the 
Commander-in-Chief  and  of  the  General  Court  in  matters  con- 
cerning the  militia  (Doc.  No.  317)  [Mr.  Newhall  of  Stoneham 
dissenting]. 

By  Mr.  Anderson  of  Brookline,  for  the  committee  on  Public 
Affairs,  on  resolutions  Nos.  9,  10,  11,  51,  102,  104,  232,  233,  234, 
235,  238,  239  and  240,  a  Resolution  to  authorize  the  enactment 
of  laws  governing  the  acquirement,  sale  and  distribution  of  the 
necessities  of  life  (Doc.  No.  318). 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  creating  a  state  fire  insurance  fund  (Doc.  No. 
108)  ought  to  pass  in  a  new  draft  entitled  "  Resolution  to  provide 
for  state  insurance  "  (Doc.  No.  319). 

By  the  same  member,  for  the  same  committee,  on  a  part  of 
resolution  No.  100,  on  resolution  No.  236,  and  on  a  petition  ac- 
companied by  resolution  No.  237,  a  Resolution  to  extend  the 
power  of  the  Commonwealth  to  provide  homes  for  citizens  (Doc. 
No.  320). 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion defining  private  property  title  to  natural  resources  (Doc. 
No.  231)  ought  to  pass  in  a  new  draft  entitled  "Resolution  rela- 
tive to  the  public  interest  in  natural  resources"  (Doc.  No.  321). 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion relative  to  preserving  property  of  historical  or  antiquarian 
interest  (Doc.  No.  247)  ought  to  pass  in  a  new  draft  entitled 


TUESDAY,  JULY  17,  1917.  91 

"Resolution   relative   to    the   preservation    and    maintenance   of 
property  of  historical  and  antiquarian  interest"  (Doc.  No.  322). 

Mr.    Washburn    of   Worcester,   for   the   committee    on    Social  ?°cial 
Insurance,  on  resolutions  Nos.  12,  13,  35,  36,  37,  38,  39,  54,  107,  " 
109,  110,  111,  112,  113,  251,  252,  253,  254,  257  and  259,  and  on 
petitions    accompanied    by    resolutions    Nos.    255    and    258,    re- 
ported submitting  certain  conclusions  and  resolutions  [Mr.  Bod- 
fish  of  Barnstable  dissenting]  (Doc.  No.  327).     On  motion  of  Mr. 
Bodfish  the  views  of  the  minority  were  ordered  printed  with  the 
report. 

By  Mr.   Brackett  of  Arlington,  for  the  committee  on  Social  Employees,— 
Welfare,  on    a    petition   accompanied    by  resolution   No.  261,  a  ?n seven?™ 
Resolution  authorizing  the  General  Court  to  enact  laws  estab- 
lishing   one    day's  rest  in  seven  for  employees   (Doc.  No.  323) 
[Mr.  Flaherty  of  Boston  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Resolu-  Homes  for 
tion  authorizing  cities  and  towns  to  take  land  for  providing  homes  citizens- 
for  citizens  (Doc.  No.  114)  ought  to  pass  in  a  new  draft  entitled 
"Resolution  empowering   the   General  Court  to  authorize  cities 
and  towns  to  take  land  for  providing  homes  for  citizens"  (Doc. 
No.  324). 

By    Mr.    Parkman    of    Boston,    for    the    committee    on    State  state  credit 
Finance,  on  resolution  No.   124,  and  on  so  much  of  resolutions  debtstate 
Nos.  278  and  279  as  was  referred  to  said  committee,  a  Resolution 
relative  to  loaning  the  credit  of  the  Commonwealth  and  the  con- 
tracting of  state  debt  (Doc.  No.  326). 

By  the  same  member,  for  the  same  committee,  on  resolutions  state  budget; 
Nos.  57,  275,  276,  277  and  280,  a  Resolution^  providing  for  a  SSffk01 
state  budget  and  the  veto  by  the  Governor  of  items  or  parts  of  appropriation 
items   in  appropriation   bills  (Doc.  No.  325)   [Messrs.   Ferrey  of 
Pittsfield,  Lowe  of  Fitchburg,  Dellinger  of  Wakefield,  Theller  of 
New  Bedford  and  Finn  of  Chelsea  dissenting  from  so  much  as 
allows  the  General  Court  to  increase  or  add  items]. 

By  Mr.  Buttrick  of  Lancaster,  for  the  committee  on  Suffrage,  Absentee 
on  resolutions  Nos.  42,  58,  125  and  289,  a  Resolution  to  provide  voting< 
for  absentee  voting  (Doc.  No.  58). 

By  Mr.  Pelletier  of  Boston,  for  the  committee  on  Bill  of  Rights,  Poor  debtors, 
who  were  directed  under  an  order  adopted  June  26  to  "consider  j 
and  report  on  the  subject  of  further  protection  in  the  Bill  of 
Rights    against    unjust    and    oppressive    imprisonment    of    poor 
debtors",  that  no  action  is  necessary  thereon. 

By  Mr.  Merriam  of  Framingham,  for  the  committee  on  the  Prompt 
Judiciary,  who  were  directed  under  an  order  adopted  June  21  ia™edyin 
to  "consider  the  expediency  of  so  revising  the  Constitution  as 
to   give   efficacy   to   the   eleventh   article   of   the   Declaration   of 
Rights,  granting  the  subject  a  certain  remedy  in  law,  promptly 
and  without  delay",  that  it  is  inexpedient  to  amend  this  pro- 
vision. 

By  the  same  member,  for  the  same  committee,  to  whom  was  judges,— 
referred  the  Resolution  providing  for  the  appointment,  removal 
and  retirement  of  judges  and  their  tenure  of  office  (Doc.  No.  96), 
that  the  same  be  withdrawn  at  the  request  of  the  proponent. 

By  Mr.   Anderson  of  Newton,  for  the  committee  on  Bill  of        e 
Rights,    leave   to    withdraw,    on    the   petition   of   Frank   Ernest  RUiee 


JOURNAL   OF  THE   CONVENTION, 


Judges,  — 
election. 


Industrial 
rights 
and  social 
justice. 


Certain 
institutions, 
—  inspection. 


Accused 
persons,  — 
right  to 
stand  mute. 

Id. 


Law  of  the 
land. 


Rights  of  the 
people. 


Liberty  of 
speech  and  of 
the  press. 


Right  to 
trial  by  jury. 


Free  exercise 
of  religion. 


Council,  — 
duties  of 
county  com- 
missioners. 


District 
attorneys,  — 
appointment. 


Woodward  and  others,  accompanied  by  Resolution  providing  for 
the  recognition  in  the  Bill  of  Rights  of  the  Golden  Rule  as  an 
indispensable  element  of  the  social  and  civic  welfare  of  the 
people  (Doc.  No.  152). 

By  Mr.  Morton  of  Fall  River,  for  the  committee  on  the 
Judiciary,  leave  to  withdraw,  on  the  petition  of  the  Massachu- 
setts State  Branch  of  the  American  Federation  of  Labor,  ac- 
companied by  Resolution  providing  a  method  for  the  election  of 
judges  (Doc.  No.  199). 

By  Mr.  Hobbs  of  Worcester,  for  the  committee  on  Public 
Affairs,  leave  to  withdraw,  on  the  petition  of  Conrad  Reno, 
accompanied  by  Resolution  relative  to  industrial  rights  and  so- 
cial justice  (Doc.  No.  248). 

By  Mr.  Dutch  of  Winchester,  for  the  committee  on  State 
Administration,  leave  to  withdraw,  on  the  petition  of  Susan  E. 
Stevens,  accompanied  by  Resolution  relative  to  the  inspection 
of  certain  public  and  private  institutions  (Doc.  No.  263). 

By  Mr.  Lomasney  of  Boston,  for  the  committee  on  Bill  of 
Rights,  that  the  Resolution  relative  to  removing  privilege  of  ac- 
cused to  stand  mute  (Doc.  No.  69)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion relative  to  removing  privilege  of  accused  to  stand  mute  with- 
out comment  by  court,  jury  or  counsel  (Doc.  No.  70)  ought  not 
to  pass  [Mr.  Walcott  of  Cambridge  dissenting].  On  motion  of 
Mr.  Walcott  the  views  of  the  minority  were  ordered  printed 
(Doc.  No.  330). 

By  Mr.  William  H.  Sullivan  of  Boston,  for  the  same  commit- 
tee, that  the  Resolution  relative  to  the  law  of  the  land  (Doc.  No. 
143)  ought  not  to  pass  [Messrs.  Anderson  of  Newton,  Swig  of 
Taunton,  Wralcott  of  Cambridge  and  Merrill  of  Gloucester  dis- 
senting]. 

By  Mr.  Barnes  of  Weymouth,  for  the  same  committee,  that  the 
Resolution  providing  that  the  enumeration  of  rights  shall  not 
impair  or  deny  other  rights  of  the  people  (Doc.  No.  147)  ought 
not  to  pass. 

By  Mr.  Walcott  of  Cambridge,  for  the  same  committee,  that 
the  Resolution  relative  to  the  liberty  of  speech  and  of  the  press 
and  of  all  important  recognized  media  of  thought  transmission 
utilized  to  affect  public  opinion  (Doc.  No.  149)  ought  not  to  pass. 

By  Mr.  Merrill  of  Gloucester,  for  the  same  committee,  that  the 
Resolution  relative  to  the  right  to  trial  by  jury  (Doc.  No.  151) 
ought  not  to  pass. 

By  Mr.  Stoeber  of  Adams,  for  the  same  committee,  that  the 
Resolution  relative  to  the  free  exercise  of  religion  (Doc.  No.  153) 
ought  not  to  pass. 

By  Mr.  Jones  of  Melrose,  for  the  committee  on  County  and 
District  Government,  that  the  Resolution  relative  to  giving  the 
Council  the  powers  and  duties  of  county  commissioners  (Doc. 
No.  23)  ought  not  to  pass. 

By  Mr.  Mancovitz  of  Boston,  for  the  same  committee,  that 
the  Resolution  providing  for  the  appointment  of  district  attor- 
neys (Doc.  No.  48)  ought  not  to  pass  [Mr.  Howard  of  Reading 
dissenting]. 


TUESDAY,  JULY  17,  1917.  93 

By  Mr.  Ballantyne  of  Boston,  for  the  same  committee,  that  Certain 
the    Resolution    relative    to    the    manner    of    choice    of    district  Ers,- 
attorneys,    clerks    of    courts,    registers    of    probate    and    sheriffs  appointment. 
(Doc.  No.  71)  ought  not  to  pass. 

By  Mr.  Lyman  of  Easthampton,  for  the  same  committee,  that  id. 
the    Resolution    relative    to    appointment    by    the    Governor    of 
certain  county  officials  (Doc.  No.  154)  ought  not  to  pass. 

By  Mr.  Jones  of  Melrose,  for  the  same  committee,  that  the  office  of 
Resolution  relative  to  abolishing  the  office  of  county  commis-  °°.un.ty con^ 
sioner  (Doc.  No.  155)  ought  not  to  pass.  SSitSu*' 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  abolition  of  the  office  of  county  commis- 
sioner (Doc.  No.  156)  ought  not  to  pass. 

By  Mr.  Coombs  of  Worcester,  for  the  committee  on  Educa-  school 
tion,  that  the  Resolution  relative  to  leave  of  absence  with  pay  J^J61*1^" 
for  teachers  in  the  public  schools  (Doc.  No.  72)  ought  not  to  pass.  wft?p«£  se 

By  Mr.  Love  of  Webster,  for  the  committee  on  the  Executive,  Councillors, - 
that  the  Resolution  relative  to  the  appointment  of  Councillors  by  app°intment. 
the  Governor  (Doc.  No.  4)  ought  not  to  pass. 

By  Mr.  Nutting  of  Leominster,  for  the  same  committee,  that  Elected 
the  Resolution  relative  to  empowering  the  Governor  to  remove  jSStSiby 
from  office  certain  officials  elected  by  the  people  (Doc.  No.  75)  ^e  Governor. 
ought  not  to  pass. 

By  Mr.   Boyer  of  Lynn,   for  the  same  committee,   that  the  id. 
Resolution  relative  to  the  removal  of  certain  elected  officers  (Doc. 
No.  167)  ought  not  to  pass. 

By  Mr.  Dale  of  Watertown,  for  the  same  committee,  that  the  veto  power  of 
Resolution  relative  to  abolishing  the  veto  power  of  the  Governor 
(Doc.  No.  159)  ought  not  to  pass. 

By  Mr.  Gartland  of  Boston,  for  the  committee  on  The  General  ^r 
Court,  that  the  Resolution  relative  to  the  apportionment  of  mem-  mental 
bers  of  the  General  Court  (Doc.  No.  6)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  apportionment  of  members  of  the  General 
Court  (Doc.  No.  169)  ought  not  to  pass. 

By  Mr.  Fisher  of  Westford,  for  the  same  committee,  that  the  id. 
Resolution  for  proportional  representation  in  the  General  Court 
(Doc.  No.  45)  ought  not  to  pass  [Mr.  Morrill  of  Haverhill  dis- 
senting]. 

By  Mr.  Reidy  of  Boston,  for  the  same  committee,  that  the  id. 
Resolution  providing  for  the  election  of  members  of  the  House 
of  Representatives  by  a  list  system  of  proportional  representation 
(Doc.  No.  44)  ought  not  to  pass  [Mr.  Morrill  of  Haverhill  dis- 
senting]. 

By  Mr.   Crosby  of  Arlington,  for  the  same  committee,   that  w. 
the  Resolution  relative  to  the  establishment  of  districts  for  the 
election  of  Representatives  to  the  General  Court  (Doc.  No.  81) 
ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  to  provide  for  a  more  equitable  method  of  establishing 
the  districts  for  the  election  of  Representatives  to  the  General 
Court  (Doc.  No.  179)  ought  not  to  pass  [Mr.  Morrill  of  Haver- 
hill dissenting]. 


94 


JOURNAL  OF  THE  CONVENTION, 


House  of 
Representa- 
tives, — 
apportionment 
of  members. 


Senate,  — 
presiding 
officer. 


Id. 


Single 

legislative 

body. 


Id. 


Id. 


Senate 
of  sixteen 
members. 


General  Court, 
—  biennial 


General 
Court,  — 
limited 
sessions. 


Senate,  — 
negative  on 
the  House. 


General 
Court,  — 
power  and 
authority. 


General 
Court,  — 
adjournment 
by  the  Gov- 
ernor. 
General 
Court,  — 
delegation  of 
powers. 

General 
Court,— 
volume  of 
business;  re- 
sponsibility. 


By  Mr.  Tatman  of  Worcester,  for  the  same  committee,  that 
the  Resolution  to  provide  for  a  more  equitable  and  proportional 
representation  in  the  House  of  Representatives  (Doc.  No.  180) 
ought  not  to  pass  [Mr.  Morrill  of  Haver  hill  dissenting]. 

By  Mr.  Quinn  of  Sharon,  for  the  same  committee,  that  the 
Resolution  relative  to  the  presidency  of  the  Senate  (Doc.  No.  25) 
ought  not  to  pass  [Mr.  Morrill  of  Haverhill  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion providing  that  the  Lieutenant-Governor  shall  preside  over 
the  Senate  (Doc.  No.  84)  ought  not  to  pass  [Mr.  Morrill  of 
Haverhill  dissenting]. 

By  Mr.  Gartland  of  Boston,  for  the  same  committee,  that  the 
Resolution  to  provide  for  a  legislature  of  a  single  chamber  of 
twenty-five  members  (Doc.  No.  168)  ought  not  to  pass  [Mr. 
Morrill  of  Haverhill  dissenting]. 

By  Mr.  Kinney  of  Boston,  for  the  same  committee,  that  the 
Resolution  relative  to  the  abolition  of  the  Senate  (Doc.  No.  174) 
ought  not  to  pass  [Mr.  Morrill  of  Haverhill  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  abolishing  the  Senate  and  to  establishing  a 
single  legislative  body  (Doc.  No.  176)  ought  not  to  pass  [Mr. 
Morrill  of  Haverhill  dissenting]. 

By  Mr.  Giddings  of  Great  Barrington,  for  the  same  committee, 
that  the  Resolution  providing  that  the  Senate  shall  consist  of 
sixteen  members  elected  from  congressional  districts  (Doc.  No. 
177)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relating  to  biennial  sessions  of  the  General  Court  (Doc. 
No.  26)  ought  not  to  pass. 

By  Mr.  Fisher  of  Westford,  for  the  same  committee,  that  so 
much  of  the  Resolution  providing  for  limited  sessions  of  the  Gen- 
eral Court  and  biennial  elections  of  members  thereof  (Doc.  No. 
87)  as  was  referred  to  said  committee  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion relative  to  the  negative  of  the  Senate  on  the  House  of  Repre- 
sentatives (Doc.  No.  173)  ought  not  to  pass  [Mr.  Morrill  of 
Haverhill  dissenting]. 

By  Mr.  Reidy  of  Boston,  for  the  same  committee,  that  the 
Resolution  defining  the  power  and  authority  of  the  General 
Court  (Doc.  No.  82)  ought  not  to  pass  [Mr.  Morrill  of  Haverhill 
dissenting  from  so  much  as  relates  to  quorum,  to  per  diem  com- 
pensation, to  the  right  of  citizens  to  propose  legislation,  and  to 
hearings  and  reports  of  legislative  committees]. 

By  Mr.  Gaylord  of  South  Hadley,  for  the  same  committee, 
that  the  Resolution  vesting  in  the  Governor  the  right  to  adjourn 
or  prorogue  the  General  Court  (Doc.  No.  86)  ought  not  to  pass. 

By  Mr.  Morrill  of  Haverhill,  for  the  same  committee,  that  the 
Resolution  relative  to  prohibiting  the  delegation  of  its  powers  by 
the  General  Court  (Doc.  No.  171)  ought  not  to  pass. 

By  Mr.  Moynihan  of  Boston,  for  the  same  committee,  that  the 
Resolution  to  limit  the  volume  of  business  before  the  General 
Court  and  to  fix  individual  responsibility  for  legislative  action 
(Doc.  No.  172)  ought  not  to  pass. 


TUESDAY,  JULY  17,   1917.  95 

By  Mr.  Malone  of  Greenfield,  for  the  same  committee,  that  the  General 
Resolution   relative   to   the   organization   of   the   General   Court  ^nUizatio~n°r~ 
(Doc.  No.  178)  ought  not  to  pass  [Messrs.  Luce  of  Waltham  and 
Kinney  of  Boston  dissenting]. 

By  Mr.  Smith  of  Provincetown,  for  the  same  committee,  that  Attomey- 
the  Resolution  to  provide  for  the  scrutiny  of  legislative  bills  by  2g£iativel>iiis. 
the  Attorney-General  (Doc.  No.  175)  ought  not  to  pass. 

By   Mr.   Kenefick  of  Palmer,  for  the   committee  on  Judicial  ^edomlind 
Procedure,  that  the  Resolution  to  provide  for  securing  freedom  ecTuauSo? 
and  equality  of  justice  in  the  courts  of  the  Commonwealth  to  justice- 
all  persons  (Doc.  No.  8)  ought  not  to  pass. 

By  Mr.  French  of  Randolph,  for  the  same  committee,  that  Challenge  of 
the  Resolution  relative  to  the  challenge  of  judge  and  jurors  in  jurors and 
civil  causes  (Doc.  No.  28)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  challenge  of  judge  and  jurors  in  criminal 
causes  (Doc.  No.  29)  ought  not  to  pass. 

By  Mr.  Hutchings  of  Dedham,  for  the  same  committee,  that  ^.qi^ttal|nt  of 
the  Resolution  relative  to  the  payment  of  costs  to  those  acquitted  cost?.ym 
of  the  charge  of  crime  (Doc.  No.  89)  ought  not  to  pass. 

By  Mr.  Hibbard  of  Pittsfield,  for  the  same  committee,  that  Accused  _ 
the  Resolution  relative  to  statements  by  persons  accused  of  SKSntB. 
crimes  or  offenses  (Doc.  No.  90)  ought  not  to  pass. 

By  Mr.  MacMaster  of  Bridgewater,  for  the  same  committee,  courts,— 
that  the  Resolution  relating  to  the  rules  of  evidence  in  the  trial  e^dence 
of  causes  in  the  courts  of  the  Commonwealth  (Doc.  No.   189) 
ought  not  to  pass. 

By  Mr.   Mitchell  of  New  Bedford,  for  the  same  committee,  issues  of  fact, 
that  the  Resolution  to  provide  for  the  framing  and  submission 
by  the  court  to  the  jury  of  issues  of  fact  in  equity  proceedings  J 
when  requested  by  either  party  thereto   (Doc.  No.   190)  ought 
not  to  pass. 

By  Mr.  Burns  of  Pittsfield,  for  the  committee  on  the  Judiciary,  y 
that  the  Resolution  relative  to  verdicts  of  juries  in  civil  causes  V 
(Doc.  No.  49)  ought  not  to  pass. 

By  Mr.  Davis  of  Maiden,  for  the  same  committee,  that  the  w. 
Resolution  to  provide  that  five-sixths  of  any  jury  in  civil  actions 
may  render  a  valid  verdict  after  twelve  hours'  deliberation  (Doc. 
No.  203)  ought  not  to  pass. 

By   Mr.   Shea  of  Dalton,  for  the  same  committee,   that  the  H. 
Resolution  relative  to  permitting  a  verdict  in  civil  actions  by 
less  than  the  whole  number  of  jurors  (Doc.  No.  204)  ought  not 
to  pass. 

By  Mr.  Maguire  of  Boston,  for  the  same  committee,  that  the  M- 
Resolution  relative  to  verdicts  of  juries  in  civil  actions   (Doc. 
No.  205)  ought  not  to  pass. 

By  Mr.  Cusick  of  Boston,  for  the  same  committee,  that  the  id. 
Resolution  relative  to  the  verdicts  of  juries  and  to  trial  by  jury 
in   cases   relating   to   workmen's   compensation    (Doc.    No.   206) 
ought  not  to  pass. 

By  Mr.  Costello  of  Boston,  for  the  same  committee,  that  the 
Resolution  relative  to  the  salaries  of  judicial  officers  (Doc.  No.  salaries'. 
91)  ought  not  to  pass. 


96 


JOURNAL  OF  THE  CONVENTION, 


United  States 
constitutional 
amendments, 
—  popular 
referendum. 


Taking  of 
land,  — 
right  of 
eminent 
domain. 

Taking  of 

land 

for  public 

use. 


Judiciary,  — 
nullification 
of  laws. 


Controversies 
concerning 
property,  — 
trial  by  jury. 

Trial  by  jury 
in  all  cases  at 
law. 


Public 
defender. 


Id. 


Certain 
defendants,  — 
counsel. 


Minority  of 
the  Supreme 
Judicial  Court, 

—  constitu- 
tionality 

of  law. 

Governor, 
Council  and 
General 
Court,  — 
judicial 
opinions. 

Clerks  of 
courts,  — 
selection  by 
the  justices. 

Judicial  officers, 

—  tenure  of 
office. 


Id. 


Id. 


By  Mr.  Montague  of  Boston,  for  the  same  committee,  that 
the  Resolution  to  provide  for  the  submission  to  the  people  of 
amendment  or  amendments  to  the  Constitution  of  the  United 
States  before  any  action  can  be  taken  thereon  by  the  General 
Court  (Doc.  No.  93)  ought  not  to  pass. 

By  Mr.  Dresser  of  Worcester,  for  the  same  committee,  that 
the  Resolution  relative  to  the  right  of  the  Commonwealth  to  take 
or  to  authorize  the  taking  of  land  by  eminent  domain  (Doc.  Xo. 
94)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the 
Resolution  providing  that  all  takings  of  land  by  eminent  domain 
shall  be  deemed  a  public  use  (Doc.  No.  202)  ought  not  to 
pass. 

By  Mr.  Merriam  of  Framingham,  for  the  same  committee, 
that  the  Resolution  to  prohibit  the  judiciary  from  nullifying  or 
suspending  laws  (Doc.  No.  97)  ought  not  to  pass. 

By  Mr.  Morton  of  Fall  River,  for  the  same  committee,  that 
the  Resolution  relating  to  trial  by  jury  in  all  controversies  con- 
cerning property  (Doc.  No.  207)  ought  not  to  pass. 

By  Mr.  Stoneman  of  Boston,  for  the  same  committee,  that 
the  Resolution  relative  to  right  of  trial  by  jury  in  all  cases  at 
law  (Doc.  No.  208)  ought  not  to  pass. 

By  Mr.  Cusick  of  Boston,  for  the  same  committee,  that  the 
Resolution  relative  to  establishing  the  office  of  public  defender 
(Doc.  No.  209)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  the  election  of  a  public  defender  (Doc.  No.  210) 
ought  .not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  providing  counsel  for  defendants  charged  with 
state  prison  offences  (Doc.  No.  211)  ought  not  to  pass. 

By  Mr.  Sullivan  of  Salem,  for  the  same  committee,  that  the 
Resolution  enlarging  the  power  of  a  minority  of  the  Supreme  Ju- 
dicial Court  in  construing  the  constitutionality  of  law  (Doc.  Xo. 
212)  ought  not  to  pass. 

By  Mr.  Williams  of  Brookline,  for  the  same  committee,  that 
the  Resolution  relative  to  the  authority  of  the  Governor,  Coun- 
cil and  General  Court  to  request  opinions  of  the  Supreme  Judi- 
cial Court  (Doc.  No.  213)  ought  not  to  pass. 

By  Mr.  Burns  of  Pittsfield,  for  the  same  committee,  that  the 
Resolution  relative  to  the  selection  of  clerks  of  courts  by  the 
justices  thereof  (Doc.  No.  215)  ought  not  to  pass. 

By  Mr.  Wilson  of  Lowell,  for  the  same  committee,  that  the 
Resolution  relative  to  the  tenure  of  office  of  the  judiciary  (Doc. 
No.  191)  ought  not  to  pass. 

By  Mr.  Costello  of  Boston,  for  the  same  committee,  that  the 
Resolution  relative  to  the  appointment  of  judicial  officers  for  a 
term  of  seven  years  (Doc.  No.  192)  ought  not  to  pass. 

By  Mr.  Shea  of  Dalton,  for  the  same  committee,  that  the 
Resolution  providing  for  the  appointment  of  judges  for  specific 
terms  (Doc.  No.  193)  ought  not  to  pass  [Mr.  Maguire  of  Boston 
dissenting]. 


TUESDAY,  JULY  17,   1917.  97 

By  Mr.  Davis  of  Maiden,  for  the  same  committee,  that  the  Judicial  officers, 
Resolution  relative  to  limiting  the  tenure  of  judicial  officers  to  Offic3elureof 
ten  years  (Doc.  No.  194)  ought  not  to  pass. 

By  Mr.  Wilson  of  Lowell,  for  the  same  committee,  that  the  Administrators 
Resolution  providing  for  a  supervisor  or  commissioner  of  adminis-  ^Bu^enX^?' 
trators  and  executors  (Doc.  No.  195)  ought  not  to  pass. 

By  Mr.  Dresser  of  Worcester,  for  the  same  committee,  that  the  Property  for 
Resolution  relative  to  the  taking  of  property  for  public  uses  public  uses- 
(Doc.  No.  196)  ought  not  to  pass. 

By  Mr.  McAnarney  of  Quincy,  for  the  same  committee,  that  Judges,— 
the  Resolution  relative  to  the  election  of  judges  (Doc.  No.  95)  election- 
ought  not  to  pass. 

By  Mr.  Sullivan  of  Salem,  for  the  same  committee,  that  the  id. 
Resolution  relative  to  the  election  of  judges  by  the  people  (Doc. 
No.  197)  ought  not  to  pass  [Mr.  Maguire  of  Boston  dissenting]. 

By  Mr.  Stoneman  of  Boston,  for  the  same  committee,  that  the  id. 
Resolution  relative  to  authorizing  the  General  Court  to  provide 
for  the  election  of  judges  (Doc.  No.  198)  ought  not  to  pass. 

By  Mr.  Williams  of  Brookline,  for  the  same  committee,  that  Judicial  officers, 
the   Resolution   relating   to   the   election   and   recall   of   judicial  and^ecS 
officers  (Doc.  No.  200)  ought  not  to  pass  [Mr.  Maguire  of  Bos- 
ton dissenting]. 

By  Mr.  Bergengren  of  Lynn,  for  the  committee  on  the  Liquor  Liquors  con- 
Traffic,   that   the   Resolution  relative  to  prohibiting  the  manu-  1%™J5  ™e°rre 
facture   and   sale   of  intoxicating   liquors   containing   more   than  c?nth°? 
twenty-five   per   cent   of   alcohol    (Doc.   No.   221)   ought   not  to  a 
pass. 

By  Mr.   Bouve  of  Hingham,  for  the   committee  on  Military  Military 
Affairs,   that    the    Resolution    relating    to    the    appointment    of  affairs- 
military  officers,  the  numbers  and  organization  of  military  forces 
and  civil  penalties  to  be  inflicted  by  courts  martial  (Doc.  No. 

222)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  militia  of  the  Commonwealth   (Doc.  No. 

223)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  method  of  selecting  and  promoting  officers 
in  the  militia  (Doc.  No.  224)  ought  not  to  pass. 

By  Mr.  Coe  of  Worcester,  for  the  committee  on  Municipal 
Government,  that  the  Resolution  relative  to  home  rule  for  cities 
(Doc.  No.  34)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  so  much  id. 
of  the  Resolution  providing  for  home  rule  £or  cities  and  towns 
(Doc.  No.  99)  as  was  considered  by  said  committee  ought  not  to 
pass. 

By  the  same  member,  for  the  same  committee,  that  so  much  id. 
of  the  Resolution  to  provide  for  a  larger  measure  of  home  rule 
for  cities  and  towns  (Doc.  'No.  100)  as  was  considered  by  said 
committee  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  providing  for  granting  a  greater  measure  of  home  rule  to 
cities  and  towns  (Doc.  No.  226)  ought  not  to  pass. 


98 


JOURNAL  OF  THE  CONVENTION, 


Municipal 
home  rule. 


Id. 


Id. 


Deserving 
public 

employees,  — 
bonuses. 

Public  officers, 
—  appointment 
to  other 
positions. 


Incompatibility 
of  offices. 


State  and 
county  officers, 
—  recall. 


Natural 
resources,  — 
regulation. 

Administrative 
departments, 
—  changes. 


Boards  and 
commissions, 
—  ordinances. 


State  officers, 
—  four-year 
term;  recall  of 
Governor. 


Public  Service 
Commission, 
—  election. 


State  election, 
—  date. 


Equal  suffrage. 


Id. 


By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution to  provide  for  home  rule  in  municipalities  in  all  matters 
not  within  general  laws  (Doc.  No.  227)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution to  provide  for  local  self-government  by  municipalities 
(Doc.  No.  228)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  the  authority  of  the  General  Court  in  the  gov- 
ernment of  cities  (Doc.  No.  229)  ought  not  to  pass. 

By  Mr.  Besse  of  Newburyport,  for  the  same  committee,  that 
the  Resolution  to  authorize  the  payment  of  bonuses  to  deserving 
public  employees  (Doc.  No.  230)  ought  not  to  pass. 

By  Mr.  Mahoney  of  Boston,  for  the  committee  on  State  Ad- 
ministration, that  the  Resolution  relative  to  the  appointment  of 
certain  public  officials  to  public  office  while  holding  positions  in 
the  public  service  (Doc.  No.  55)  ought  not  to  pass. 

By  Mr.  Bosworth  of  Springfield,  for  the  same  committee,  that 
the  Resolution  relative  to  the  incompatibility  of  offices  (Doc. 
No.  119)  ought  not  to  pass,  except  as  a  minor  perfecting  amend- 
ment. 

By  the  same  member,  for  the  same  committee,  that  the 
Resolution  authorizing  the  General  Court  to  pass  laws  pro- 
viding for  the  recall  of  state  and  county  officers  (Doc.  No.  121) 
ought  not  to  pass  [Mr.  Mahoney  of  Boston  dissenting]. 

By  Mr.  Langelier  of  Quincy,  for  the  same  committee,  that  the 
Resolution  relative  to  legislative  regulation  of  natural  resources 
(Doc.  No.  123)  ought  not  to  pass. 

By  Mr.  Greenwood  of  Lowell,  for  the  same  committee,  that 
the  Resolution  to  provide  against  too  frequent  changes  in  the 
form  of  administrative  departments  of  the  Commonwealth  (Doc. 
No.  268)  ought  not  to  pass. 

By  Mr.  Waterman  of  Williamstown,  for  the  same  committee, 
that  the  Resolution  relative  to  the  issuing  of  ordinances  by  de- 
partments, commissions,  boards  and  other  administrative  agen- 
cies (Doc.  No.  269)  ought  not  to  pass. 

By  Mr.  Bailey  of  Somerville,  for  the  same  committee,  that 
the  Resolution  providing  for  a  four-year  term  for  elective  state 
officers,  including  a  recall  provision  in  the  case  of  Governor 
(Doc.  No.  270)  ought  not  to  pass. 

By  Mr.  Robbins  of  Chelmsford,  for  the  same  committee,  that 
the  Resolution  providing  for  the  election  of  the  members  of  the 
Public  Service  Commission  (Doc.  No.  271)  ought  not  to  pass 
[Messrs.  Whitehead  of  Fall  River  and  Mahoney  of  Boston  dis- 
senting]. 

By  Mr.  Kneil  of  Westfield,  for  the  committee  on  Suffrage,  that 
the  Resolution  relative  to  the  date  for  holding  the  annual  state 
election  (Doc.  No.  14)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution providing  for  equal  suffrage  for  men  and  women  (Doc.  No. 
130)  ought  not  to  pass  [Messrs.  Newton  of  Everett,  Webster  of 
Haverhill,  Sawyer  of  Ware  and  Corrigan  of  Natick  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution to  provide  for  equal  rights  of  suffrage  for  all  citizens  re- 


TUESDAY,  JULY  17,  1917.  99 

gardless  of  sex  (Doc.  No.  284)  ought  not  to  pass  [Messrs.  Newton 
of  Everett,  Webster  of  Haverhill,  Sawyer  of  Ware  and  Corrigan 
of  Natick  dissenting]. 

By  Mr.   Sawyer  of  Ware,  for  the  same  committee,  that  the  Biennial 
Resolution  providing  for  biennial  elections  of  state  officers,  coun-  festive1"1 
cillors  and  members  of  the  General  Court,  and  for  biennial  ses-  sessions. 
sions  of  the  General  Court  (Doc.  No.  40)  ought  not  to  pass  [Messrs. 
Kneil  of  Westfield  and  Barnes  of  Mansfield  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  Biennial 
lution  to  provide  for  biennial  elections  of  state  officers,  council-  electlons- 
lors  and  members  of  the  General  Court  (Doc.  No.  126)  ought  not 
to  pass  [Mr.  Gallagher  of  Boston  dissenting]. 

By  the  same  member,  for  the  same  committee,  that  so  much  General  Court, 
of  the  Resolution  providing  for  limited  sessions  of  the  General  &ss\ona.d 
Court  and  biennial  elections  of  members  thereof  (Doc.  No.  87) 
as  was  referred  to  that  committee  ought  not  to  pass. 

By  Mr.  Webster  of  Haverhill,  for  the  same  committee,  that  the  Elections,  — 
Resolution  providing  that  all  persons  qualified  to  become  legal 
voters  shall  register  and  vote  at  elections  (Doc.  No.  41)  ought  not 
to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  compulsory  voting  at  elections  (Doc.  No.  282) 
ought  not  to  pass  [Messrs.  Buttrick  of  Lancaster,  Barnes  of  Mans- 
field, Ferry  of  Northbridge  and  Hawley  of  Maiden  dissenting]. 

By  Mr.  Gallagher  of  Boston,  for  the  same  committee,  that  the  Certain  aliens, 
Resolution  making  aliens  who  have  declared  their  intention  of  be-  ^2? 
coming  citizens  qualified  to  vote  (Doc.  No.  128)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  relative  to  the  qualifications  of  voters  (Doc.  No.  286)  ought 
not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso-  id. 
lution  to  enable  persons  who  have  declared  their  intention  to  be- 
come citizens  of  the  United  States  to  vote  in  city  and  town  elec- 
tions (Doc.  No.  287)  ought  not  to  pass. 

By  Mr.   Lynch  of   Milford,   for  the   committee  on  Taxation,  Homesteads, 
that  the  Resolution  relative  to  the  exemption  from  taxation  of  „£&&*. 
certain  real  estate  held  and  used  for  homestead  purposes  (Doc. 
No.  16)  ought  not  to  pass. 

By  Mr.  Creamer  of  Lynn,  for  the  same  committee,  that  the  Poll  taxes. 
Resolution  relative  to  the  levying  of  poll  taxes   (Doc.  No.  62) 
ought  rtot  to  pass. 

By  Mr.  Fitz-Randolph  of  Nantucket,  for  the  same  committee,  id. 
that  the  Resolution  to  authorize  the  imposition  and  collection  of 
poll  taxes  at  varying  rates  for  the  purpose  of  inducing  the  full 
exercise  of  voting  rights  (Doc.  No.  290)  ought  not  to  pass. 

By  Mr.   Tilton  of  Springfield,  for  the  same  committee,  that  Municipal 
so  much  of  the  Resolution  providing  for  home  rule  for  cities  and 
towns  (Doc.  No.  99)  as  was  referred  to  said  committee  ought 
not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  so  much  id. 
of  the  Resolution  to  provide  for  a  larger  measure  of  home  rule 
for  cities  and  towns  (Doc.  No.  100)  as  was  referred  to  said  com- 
mittee ought  not  to  pass. 


100 


JOURNAL  OF  THE  CONVENTION, 


State  and 
municipal 
finances,  — 
separation. 


Real  estate, 
uniform 


Tax  ex- 
emptions, — 
limit. 


Land  values, 
—  single  tax. 


Id. 


Personal 
property,  — 
complete 
returns. 


Tax  assess- 
ments, — 
publicity. 


Real  estate,  — 
tax  exemptions, 


Aliens,  — 
taxation. 


Agricultural 
lands  and 
products,  — 
taxation. 

Real  estate 
and  incomes, 
—  taxation. 


"Jury  Trials 
in  Injunction 
Contempt 
Cases." 


By  Mr.  Fitz-Randolph  of  Nantucket,  for  the  same  committee, 
that  the  Resolution  providing  for  the  complete  separation  of  the 
revenues  and  expenditures  of  the  Commonwealth  from  those  of 
the  cities  and  towns  (Doc.  No.  132)  ought  not  to  pass. 

By  Mr.  Adams  of  Concord,  for  the  same  committee,  that  the 
Resolution  relative  to  uniformity  in  real  estate  assessments  for 
taxation  (Doc.  No.  291)  ought  not  to  pass. 

By  Mr.  Donoghue  of  Boston,  for  the  same  committee,  that  the 
Resolution  to  provide  a  limit  to  tax  exemptions  (Doc.  No.  292) 
ought  not  to  pass. 

By  Mr.  Trefry  of  Marblehead,  for  the  same  committee,  that 
the  Resolution  to  provide  for  the  single  tax  upon  land  values 
(Doc.  No.  293)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution relative  to  authorizing  the  single  tax  (Doc.  No.  294)  ought 
not  to  pass. 

By  Mr.  Good  of  Cambridge,  for  the  same  committee,  that  the 
Resolution  to  provide  for  true,  complete  and  accurate  returns 
of  all  personal  properties  which  may  be  subject  to  taxation  (Doc. 
No.  295)  ought  not  to  pass. 

By  Mr.  Cox  of  Boston,  for  the  same  committee,  that  the  Reso- 
lution to  provide  for  full  publicity  of  tax  assessments  (Doc.  No. 
297)  ought  not  to  pass  [Messrs.  Creamer  of  Lynn,  Good  of  Cam- 
bridge and  Donoghue  of  Boston  dissenting]. 

By  Mr.  Richardson  of  Ayer,  for  the  same  committee,  that  the 
Resolution  relative  to  taxation  of  real  estate  (Doc.  No.  298) 
ought  not  to  pass. 

By  Mr.  Feiker  of  Northampton,  for  the  same  ccmmittee,  that 
the  Resolution  granting  power  to  the  General  Court  to  levy  taxes 
on  persons  and  property  of  alien  residents  (Doc.  No.  299)  ought 
not  to  pass. 

By  Mr.  O'Connell  of  Boston,  for  the  same  committee,  that  the 
Resolution  relative  to  the  taxation  of  agricultural  or  farming 
lands  and  products  (Doc.  No.  300)  ought  not  to  pass. 

By  Mr.  Good  of  Cambridge,  for  the  same  committee,  that  the 
Resolution  relative  to  taxation  of  real  estate  and  incomes  (Doc. 
No.  301)  ought  not  to  pass. 

Severally  referred,  under  the  rule,  to  the  Committee  of  the 
Whole. 

Bulletin  of  Information. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  adopted:  — 

Ordered,  That  the  bulletin  on  "Jury  Trials  in  Injunction  Con- 
tempt Cases",  prepared  by  the  commission  appointed  to  compile 
information  and  data  for  the  Convention,  be  printed  as  a  Con- 
vention document.  (See  Doc.  No.  331.) 


Opinion  of  the  Justices  of  the  Supreme  Judicial  Court. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  considered:  — 

JuPsttceso0ffthee        Whereas,  The  War  for  the  Union  was  fought  by  the  Northern 
Supreme  States  upon  the  theory  that  the  American  Constitution  was  a 


TUESDAY,  JULY  17,   1917.  101 

permanent  contract,  unalterable  except  upon  terms  expressed  in  Court,  - 
the  contract  itself;    therefore  be  it  of 

Ordered,  That  the  Justices  of  the  Supreme  Judicial  Court  are  Constitution. 
requested  to  explain  as  promptly  as  possible  to  the  Convention 
why  the  Constitution  of  The  Commonwealth  of  Massachusetts  is 
not  a  similarly  permanent  contract,  to  be  amended  only  upon 
the  terms  provided  therein;    and 

Whereas,  It  is  a  recognized  principle  of  legislation  that  the 
statute  of  latest  date  repeals  all  previous  acts  or  parts  of  acts 
inconsistent  therewith;  therefore  be  it 

Ordered,  That  the  Justices  are  requested  further  to  explain 
whether  or  not  Amendment  IX,  providing  for  a  two-thirds  vote 
in  two  successive  legislatures  as  a  condition  precedent  to  any 
amendment  of  our  Constitution,  forfeits  or  surrenders  or  repeals 
any  previous  method  of  amendment;  and  be  it  further 

Ordered,  That  the  Justices  are  requested  to  state  whether  an 
inherent  right  exists  and  has  always  existed  on  the  part  of  a  bare 
majority  of  the  citizens  voting  at  any  election  duly  catted  for  the 
purpose  to  disregard  all  existing  provisions  for  more  than  a  ma- 
jority vote  in  changing  any  portion  of  the  Constitution,  —  in 
other  words,  have  the  people  of  The  Commonwealth  of  Massa- 
chusetts any  right  under  the  existing  Constitution  to  provide  for 
such  deliberations  and  safeguards  as  shall  protect  a  minority  of 
its  citizens  against  hasty  and  tyrannous  action  by  a  temporary 
majority  in  amending  the  Constitution? 

After  debate  (Mr.  Walker  of  Brookline  being  in  the  chair) 
the  order  was  rejected. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  order  was  considered:  — 

Ordered,  (1)  That  the  work  of  the  Massachusetts  Constitutional  Submfesfonjo 
Convention  shall  take  the  form  of  a  main  constitution  and  of  a  a  constitution 
series  of  separate  amendments,  to  be  designated  by  the  Conven-  ^e(nta8mend" 
tion; 

(2)  That  the  main  constitution  shall  be  based  upon  the  present 
Constitution  and  the  amendments  now  in  force,  which  shall  be 
consolidated  and  arranged,  as  amended,   in  proper  subdivisions 
under  appropriate  titles,  omitting  all  articles,  clauses  and  words 
not  in  force,  and  making  no  other  changes  in  the  provisions,  and 
no  substantive  changes  in  the  language  thereof; 

(3)  That  the  main  constitution,  consolidated  and  arranged  as 
aforesaid,  and  the  separate  amendments  shall  be  submitted  to  a 
vote  of  the  people  in  such  form  that  the  main  constitution  and 
each  of  the  separate  amendments  shall  be  voted  upon  separately; 

(4)  That,  in  case  the  main  constitution  should  not  be  adopted, 
those  separate  amendments  that  shall  be  adopted  each  for  itself 
shall  become  amendments  'and  parts  of  the  present  Constitution. 

Mr.  Horgan  of  Boston  moved  that  the  order  be  amended  by 
the  substitution  of  the  following:  — 

Ordered,  (1)  That  the  work  of  the  Massachusetts  ^  Constitu- 
tional Convention  shall  take  the  form  of  a  main  constitution; 


102  JOURNAL  OF  THE  CONVENTION, 

(2)  That  the  main  constitution  shall  be  based  upon  tjie  present 
Constitution,  the  amendments  thereof  now  in  force  as  well  as 
upon  such  amendments   thereof  as   shall   be  submitted  by  this 
Convention  to  and  approved  by  the  people  at  the  next  general 
election,  which  shall  be  consolidated  and  arranged,  as  amended, 
in  proper  subdivisions  under  appropriate  titles,  omitting  all  ar- 
ticles,   clauses   and   words   not   in   force,    and   making   no   other 
changes   in   the   provisions,   and   no   substantive   change   in   the 
language  thereof; 

(3)  That    the   following   question    shall    be    submitted    to  the 
people  at  the  same  time  that  amendments  shall  be  voted  upon 
by  them,  namely:    "Shall  the  Constitutional  Convention  of  1917 
reconvene  and  proceed  to  consolidate  and  arrange  the  Constitu- 
tion of  Massachusetts  as  it  may  be  amended  by  vote  of  the  peo- 
ple into  one  whole  and  harmonious  instrument  without  making 
any  change  in  the  intent  thereof?"; 

(4)  That,  in  case  the  people  vote  "No"  upon  said  question, 
those  separate  amendments  that  may  be  adopted  each  for  itself 
shall  become  amendments  and  parts  of  the  present  Constitution; 

(5)  That,  in  case  the  people  vote  "Yes"  upon  said  question, 
the  delegates  to  this  Convention  shall  reconvene  within  ten  days 
after  the  general  election  for  the  purpose  of  consolidating  and 
arranging  the   Constitution   and  for  such  other  purposes   as   to 
the  Convention  may  seem  meet  and  proper. 

Mr.  Horgan  then  moved  that  the  order  be  laid  on  the  table; 
which  motion,  after  debate,  was  adopted. 

membe^f'the  ^ke  report  of  the  committee  on  Elections,  no  action  necessary, 
Convention.  on  the  communication  from  Timothy  L.  Connolly  of  Boston  re- 
questing the  Convention  to  appoint  a  committee  on  Credentials 
and  that  opportunity  be  given  for  appearance  before  said  com- 
mittee to  protest  against  the  holding  of  seats  by  certain  members 
of  the  Convention  (Doc.  No.  303),  was  accepted. 


At  twenty-six  minutes  before  three  o'clock,  on  motion  of  Mr. 
Aylward  of  Cambridge  (Mr.  Walker  of  Brookline  being  in  the 
chair),  the  Convention  adjourned,  to  meet  to-morrow  at  two 
o'clock  P.M. 


WEDNESDAY,  JULY  18,   1917.  103 


WEDNESDAY,  July  18,  1917. 
Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Petitions. 

Mr.  Anderson  of  Brookline  presented  a  petition  of  Conrad  s 
Reno  and  others  for  a  hearing  in  the  city  of  Springfield  on  the  woia? justice. 
Resolution  (Doc.  No.  248)  relative  to  industrial  rights  and  social 
justice,  and  the  same  was  referred  to  the  committee  on  Rules 
and  Procedure. 

Petitions  were  severally  presented  as  follows :  — 

By   Mr.   Bailey   of   Somerville,   petition   of  the  First  Baptist  Public  funds, 
Church  of  Somerville  in  support  of  the  Resolution  to  prohibit  tTon?.pr°pna" 
the  support  of    sectarian    institutions  from    public    funds   (Doc. 
No.  66). 

By  Mr.  Bartlett  of  Newburyport,  petition  of  the  Second  Con-  id. 
gregational  Parish  of  West  Newbury;  by  Mr.  Besse  of  Newbury- 
port, petition  of  the  Brotherhood  Class  of  the  Central  Congre- 
gational Church  of  Newburyport;  by  Mr.  Brooks  of  Worcester, 
petition  of  the  Second  Advent  Christian  Church  of  Worcester; 
by  Mr.  Bruce  of  Everett,  petitions  of  the  First  Baptist  Church 
of  Everett  and  Fred  A.  Rivers  and  others;  by  Mr.  Bryant  of 
MHton,  petition  of  the  Baptist  Church  of  Westwood;  by  Mr. 
Chandler  of  Somerville,  petition  of  the  Official  Board  of  the  First 
Methodist  Episcopal  Church  of  Somerville;  by  Mr.  Clark  of 
Brockton,  petition  of  the  Pilgrim  Church  Bible  Class  of  North 
Weymouth;  by  Mr.  Coe  of  Worcester,  petition  of  the  First 
Baptist  Church  of  Worcester;  by  Mr.  Curtis  of  Revere,  peti- 
tions of  the  Trinity  Congregational  Church  in  Revere,  the  Re- 
vere Methodist  Episcopal  Church,  Matthew  Gosbee  and  others, 
the  First  Baptist  Church  of  Revere  and  the  First  Methodist 
Episcopal  Church  of  Chelsea;  by  Mr.  Derbyshire  of  Lawrence, 
petition  of  the  Parker  Street  Methodist  Episcopal  Church  of 
Lawrence;  by  Mr.  Doe  of  Franklin,  petition  of  the  First  Baptist 
Church  of  Franklin;  by  Mr.  Dutch  of  Winchester,  petition  of 
the  First  Baptist  Church  of  Winchester;  by  Mr.  Foss  of  Spring- 
field, petition  of  the  Swedish  Evangelical  Mission  Church  of 
Springfield;  by  Mr.  French  of  Randolph,  petition  of  the  South 
Congregational  Church  of  Brockton;  by  Mr.  Hamilton  of  Athol, 
petition  of  the  Congregational  and  Methodist  churches  of  Dana 
and  North  Dana;  by  Mr.  McKeon  of  Worcester,  petitions  of 
the  Lincoln  Square  Baptist  Church  of  Worcester  and  W.  E. 
Daniels;  by  Mr.  Merrill  of  Gloucester,  petition  of  the  First 
Baptist  Church  of  Gloucester;  by  Mr.  Newton  of  Everett,  peti- 
tions of  Millard  A.  Tibbetts  and  others;  by  Mr.  Washburn  of 


104 


JOURNAL  OF  THE  CONVENTION, 


Worcester,  petition  of  the  Cheney  Bible  Class  of  the  Pleasant 
Street  Baptist  Church  of  Worcester;  by  Mr.  Waterman  of  Wil- 
liamstown,  petition  of  the  First  Baptist  Church  of  Williamstown; 
by  Mr.  Wellman  of  Topsfield,  petition  of  the  Wenham  Baptist 
Church;  and  by  Mr.  Wood  of  Cambridge,  petition  of  the  Broad- 
way Baptist  Church  of  Cambridge,  —  severally  in  aid  of  the 
Resolution  (Doc.  No.  66)  to  prohibit  the  support  of  sectarian 
institutions  from  public  funds,  and  protesting  against  the  substi- 
tution of  any  amendment  prohibiting  appropriations  of  public 
money  to  private  institutions. 
Severally  placed  on  file. 


Civil  service; 
state  board  of 
control;  com- 
mission on 
effective  ad- 
ministration, 
etc. 


Changes  in  Committee  References. 

Mr.  Langelier  of  Quincy,  for  the  committee  on  State  Ad- 
ministration, reported  asking  to  be  discharged  from  the  further 
consideration  of  the  Resolution  providing  that  appointments  and 
promotions  in  the  civil  service  shall  be  made  because  of  merit 
and  fitness  ascertained  through  open  competition  (Doc.  No.  264), 
of  the  Resolution  providing  for  a  state  board  of  control  to 
replace  existing  commissions,  boards  and  commissioners  (Doc. 
No.  265),  of  the  Resolution  to  establish  a  commission  on  effective 
administration  (Doc.  No.  266),  and  of  the  Resolution  for  sys- 
tematizing the  state  administration  and  providing  for  a  state 
civil  service  commission  and  the  appointment  of  the  state 
auditor  (Doc.  No.  267),  and  recommending  that  the  same  be 
referred  to  the  committees  on  State  Administration  and  the 
Executive,  sitting  jointly. 

The  report  was  read  and  accepted;  and  accordingly  the  reso- 
lutions were  referred  as  recommended. 


General  Court, 
—  power  to 
levy  taxes. 


General  Court, 
—  apportion- 
ment of 
Representa- 
tives. 

Aged  and 
needy,  — 
pensions 


Franchises 
of  business 
corporations, 
—  taxation. 

Taxation  of 
property,  — 
uniformity. 


Reports  of  Committees. 

By  Mr.  Creamer  of  Lynn,  for  the  committee  on  Taxation,  on 
resolutions  Nos.  15,  43,  60  and  131,  a  Resolution  relative  to  the 
power  of  the  General  Court  to  impose  and  levy  taxes  (Doc.  No. 
332)  [Messrs.  Cox  of  Boston  and  Adams  of  Concord  dissenting]. 

By  Mr.  Moran  of  Fall  River,  for  the  committee  on  The  Gen- 
eral Court,  leave  to  withdraw,  on  the  petition  of  Martin  Hays, 
accompanied  by  Resolution  relative  to  the  method  of  apportion- 
ment of  Representatives  to  the  General  Court  (Doc.  No.  181). 

By  Mr.  Flye  of  Holbrook,  for  the  committee  on  Taxation,  that 
the  Resolution  for  a  special  tax  to  provide  pensions  for  the  aged 
and  needy  (Doc.  No.  52)  ought  not  to  pass  [Messrs.  Good  of 
Cambridge  and  Donoghue  of  Boston  dissenting]. 

By  Mr.  Shanahan  of  Somerville,  for  the  same  committee,  that 
the  Resolution  requiring  proportional  taxation  of  the  franchise 
value  of  business  corporations  (Doc.  No.  59)  ought  not  to  pass. 

By  Mr.  Cox  of  Boston,  for  the  same  committee,  that  the  Reso- 
lution relative  to  making  uniform  the  application  of  all  statutes 
relating  to  the  taxation  of  property  (Doc.  No.  296)  ought  not  to 
pass  [Mr.  Shaw  of  Revere  dissenting]. 

The  reports  were  read;  and  the  resolutions  and  petition  were 
severally  referred,  under  the  rule,  to  the  Committee  of  the  Whole. 


WEDNESDAY,  JULY  18,  1917. 


105 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on  Elections,  no  action  neces-  Jasper  N. 
sary,  on  the  communication  from  Jasper  N.  Johnson  of  Medford,  S^E^a" 
claiming  to  have  been  elected  to  membership  in  the  Convention  seat  in  the 
from  the  Twenty-fifth  Middlesex  Representative  District  (Doc. 
No.  328),  was  considered. 

Mr.  Shaw  of  Revere  moved  that  the  report  be  recommitted; 
and  this  motion,  after  debate,  was  negatived. 

The  report  was  then  accepted. 

The  report  of  the  committee  on  Elections,  leave  to  withdraw,  Patrick  H. 
on    the    communication   from    Patrick    H.    Jennings    of    Boston,  JSnHbr  a" 
claiming  election  as  delegate  at  large  and  asking  for  an  examina-  statin  the 
tion  and  recount  of  all  ballots  cast  for  delegates  at  large  (Doc. 
No.  329),  was  considered. 

Mr.  Timothy  J.  Driscoll  of  Boston  moved  that  the  report  be 
amended  by  the  substitution  of  the  report  of  the  minority  of  the 
committee,  —  recommending  that  the  request  of  the  petitioner 
be  granted. 

After  debate  the  question  was  put,  and  82  members  voted 
in  the  affirmative  and  143  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Moriarty  of  Boston;  and  on  the  roll  call  106 
members  voted  in  the  affirmative  and  164  in  the  negative,  as 
follows:  — 

YEAS. 


Messrs.  Adams,  Smith  J. 
Barrett,  James  T. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Bouve,  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L.* 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Coolidge,  Louis  A. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Charles  P.,  Jr. 
Daly,  John  W. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 


Messrs.  Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
"  Finn,  E.  Philip 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 


*  See  "  Question  of  Privilege  "  on  page  110. 


106 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Daniel  A. 
Martin,  Martin  L. 
McCaffrey,  George  H.,  Jr. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
Merrill,  George  Frye 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bailey,  J.  Warren 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 


Messrs.  O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigh'ano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sullivan,  William  J. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Whitehead,  James 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Chase,  Mial  W. 

Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Ellis,  Theodore  W. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 


WEDNESDAY,  JULY  18,   1917. 


107 


Messrs.  Gates,  Joseph  S. 

Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Malone,  Dana 
McAnarney,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 


Messrs.  Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Newhall,  Arthur  N. 
Parker,  Herbert 
Parkman,  Henry 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Shea,  John  T. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 


106  yeas;  164  nays. 


Therefore   the   amendment  was   rejected, 
committee  was  then  accepted. 


The  report  of  the 


Taken  from  the  Table. 

On  motion  of  Mr.  Richardson  of  Newton  the  following  order 
was  taken  from  the  table:  — 

Ordered,  (1)  That  the  work  of  the  Massachusetts  Constitutional  SubmisBion  to 

_.  i  i  n  •  •  •  If  *'*le  P6OP"5  Of 

Convention  shall  take  the  form  of  a  main  constitution  and  or  a  a  constitution 
series  of  separate  amendments,  to  be  designated  by  the  Conven-  611 

tion; 

(2)  That  the  main  constitution  shall  be  based  upon  the  present 
Constitution  and  the  amendments  now  in  force,  which  shall  be 
consolidated  and  arranged,  as  amended,  in  proper  subdivisions 
under  appropriate  titles,  omitting  all  articles,  clauses  and  words 


108 


JOURNAL   OF   THE   CONVP^NTION, 


not  in  force,  and  making  no  other  changes  in  the  provisions,  and 
no  substantive  changes  in  the  language  thereof; 

(3)  That  the  main  constitution,  consolidated  and  arranged  as 
aforesaid,  and  the  separate  amendments  shall  be  submitted  to  a 
vote  of  the  people  in  such  form  that  the  main  constitution  and 
each  of  the  separate  amendments  shall  be  voted  upon  separately; 

(4)  That,  in  case  the  main  constitution  should  not  be  adopted, 
those  separate  amendments  that  shall  be  adopted  each  for  itself 
shall  become  amendments  and  parts  of  the  present  Constitution. 

Pending  the  question  on  the  amendment  previously  moved  by 
Mr.  Horgan  of  Boston,  the  order  was  recommitted  to  the  com- 
mittee on  Amendment  and  Codification  of  the  Constitution,  on 
further  motion  of  Mr.  Richardson. 


Committee  of 
the  Whole,  — 
procedure. 


Procedure  in  Committee  of  the  Whole. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Quincy  of  Boston,  was  postponed  until  the  next  session,  at  the 
request  of  Mr.  Horgan  of  Boston:  — 

Ordered,  That  the  Convention  recognize  the  Committee  of  the 
Whole  as  a  continuing  body  from  sitting  to  sitting,  to  the  extent 
of  authorizing  such  committee  to  assign  or  postpone  for  consid- 
eration at  a  fixed  future  time  any  matter  which  is  before  it. 


Compensation 
of  secretaries 
and  Sergeant- 
at-Arms. 


Compensation  of  Officials  and  Their  Assistants. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent 
Expenses  and  Pay-Roil,  who  were  instructed  to  determine  and 
report  the  compensation  to  be  paid  the  secretaries  and  the 
Sergeant-at-Arms,  and  such  assistants  in  their  respective  depart- 
ments as  have  been  approved  by  the  committee  on  Rules  and 
Procedure,  reported,  in  part,  recommending  the  adoption  of  the 
accompanying  order:  — 

Ordered,  That  the  compensation  to  be  paid  the  Secretary  of  the 
Constitutional  Convention  and  his  assistants,  and  the  Sergeant- 
at-Arms  and  his  assistants,  be  as  follows:  — 


Secretary, 

Assistant  secretary,    . 

Two  clerical  assistants, 

One  clerical  assistant, 

Sergeant-at-Arms, 

One  first  assistant, 

One  secretary,    . 

One  document  clerk,  . 

Two  door  keepers, 

One  second  clerk, 

One  postmaster, 

Two  assistant  door  keepers, 

Twenty-one  messengers, 

Four  pages, 

One  assistant  postmaster,    . 

One  assistant  document  clerk, 

One  porter, 


The  several  sums  to  be  paid  per  diem 
paid  only  in  so  far  as  the  Secretary  and 


$1,000  00 

700  00 

4  00 

3  00 
1,000  00 

4  00 
3  50 
3  50 
3  50 
3  25 
3  25 
3  25 
3  00 
2  50 

2  50 

3  00 
2  00 


per  diem, 
per  diem. 

per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem, 
per  diem. 


as  stated  above  to  be 
the  Sergeant-at-Arms 


WEDNESDAY,  JULY  18,   1917.  109 

shall    certify   that   their   respective   employees   were   actually   in 
attendance  upon  the  Convention  or  a  committee  thereof. 

The  report  was  read;    and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 

Adjournment  and  Hour  of  Meeting. 

Mr.   Buttrick   of  Lancaster  moved   that  the   Convention   ad-  Next  session. 
journ,  to  meet  to-morrow  at  two  o'clock  P.M.;    and  this  motion 
was  adopted.     Accordingly,  at  two  minutes  after  four  o'clock, 
the  Convention  adjourned. 


110 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  July  19,  1917. 

Met  according  to  adjournment,  at  two  o'clock  P.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Nathan 
P.  Avery. 


Engineers, 
elevator  men, 
and  watchmen, 
—  compensa- 
tion. 


Mr.  Boy  den 
of  Deerfield. 


Public  funds, 
—  appropria- 
tions. 


Leave  of  Absence. 

On  motion  of  Mr.  Trefry  of  Marblehead,  — 

Ordered,  That  Mr.  Avery  of  Holyoke  be  granted  leave  of 
absence,  under  Rule  13,  because  of  duties  devolving  upon  him 
as  a  member  of  a  draft-exemption  board. 

Compensation  of  Various  Employees. 

On  motion  of  Mr.  Lyman  of  Easthampton,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and 
Pay-Roll  be  authorized  to  provide  for  compensation  to  be  paid 
to  certain  State  House  employees  upon  whom  extra  duties  and 
labors  are  imposed  by  reason  of  this  Convention,  —  namely, 
members  of  the  engineers'  department,  elevator  men  and  watch- 
men, and  that  such  compensation  be  paid  upon  a  per  diem  basis. 

Question  of  Privilege. 

Mr.  Boyden  of  Deerfield  rose  to  a  question  of  privilege,  and 
stated  that,  on  the  call  of  the  yeas  and  nays,  taken  at  the  last 
session  on  the  question  of  substituting  the  minority  report  for 
the  report  of  the  committee  on  Elections,  leave  to  withdraw,  on 
the  communication  from  Patrick  H.  Jennings  of  Boston,  claiming 
election  as  delegate  at  large  and  asking  for  an  examination  and 
recount  of  all  ballots  cast  for  delegates  at  large  (Doc.  No.  329), — 
he  was  recorded  as  voting  in  the  affirmative;  but  that  he  voted 
in  the  negative. 

Petitions. 

Petitions  were  severally  presented  as  follows :  - 
By  Mr.  Coleman  of  Boston,  petition  of  the  First  Baptist 
Church  of  Charlestown;  by  Mr.  Lowe  of  Fitchburg,  petition  of 
the  Beth  Eden  Baptist  Church  of  Fitchburg;  by  Mr.  Luce  of 
Waltham,  petition  of  the  Official  Board  of  the  Methodist  Epis- 
copal Church  of  Marlborough;  and  by  Mr.  Webster  of  Haver- 
hill,  petition  of  the  Winter  Street  Free  Baptist  Church  of 
Haverhill,  —  severally  in  aid  of  the  Resolution  (Doc.  No.  66) 
to  prohibit  the  support  of  sectarian  institutions  from  public 
funds,  and  protesting  against  the  substitution  of  any  amendment 
prohibiting  appropriations  of  public  money  to  private  institutions. 
Severally  placed  on  file. 


THURSDAY,  JULY  19,  1917.  Ill 


Change  in  a  Committee  Reference. 

Mr.  Parkman  of  Boston,  for  the  committee  on  State  Finance,  Public  bans, 
reported  asking  to  be  discharged  from  the  further  consideration  of  ~~  8tat®  - 
so  much  of  the  Resolution  providing  for  a  state  budget,  for  the 
veto    of    items    therein    and    for    state    financial    supervision    of 
public  loans  (Doc.  No.  275)  as  relates  to  state  financial  super- 
vision   of   public   loans,    and   recommending   that   the   same   be 
referred    to    the    committees    on    State   Finance    and    Municipal 
Government,  sitting  jointly. 

The  report  was  read  and  accepted;  and  accordingly  reference 
was  made  as  recommended. 

Procedure  in  Committee  of  the  Whole. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  referred  to  the  committee  on  Rules 
and  Procedure,  on  motion  of  Mr.  Quincy  of  Boston:  — 

Ordered,  That  the  Convention  recognize  the  Committee  of  the  Committee  of 
Whole  as  a  continuing  body  from  sitting  to  sitting,  to  the  extent  p^JJ^J'  ~" 
of  authorizing  such  committee  to  assign  or  postpone  for  consid- 
eration at  a  fixed  future  time  any  matter  which  is  before  it. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  order  relative  to  the  compensation  to  be  paid  the  Secretary  Compensation 
of   the   Constitutional   Convention   and   his   assistants,   and   the 
Sergeant-at-Arms  and  his  assistants,  was  adopted.  at-Arms. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Luce  of  Waltham  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Luce  to  take  the  chair. 

Subsequently  Mr.  Luce,  for  the  Committee,  reported  that  the  preamble  of  the 
Resolution  providing  for  an  amendment  of  the  preamble  of  the  Constitutlon- 
Constitution  (Doc.  No.  21); 

The  Resolution  providing  that  the  rights  of  individuals  shall  individual 

IT  ,  i        .,  •          »  ii'  i  rights;  pubbc 

not  prevent  public  authorities  from  controlling  business  enter-  welfare. 
prises  in  the  interest  of  public  welfare  (Doc.  No.  22);    and 

The  Resolution  relative  to  the  free  exercise  of  religion  (Doc.  Fre  e  exercise  of 
No.  153),  —  severally  ought  not  to  pass; 

Also  that,  on  the  petition  of  J.   M.  Foster,  accompanied  by  gwmWeto^the 
Resolution  relative  to  the  preamble  to  the  Constitution   (Doc. 
No.  144);    and 

On  the  petition  of  Frank  Ernest  Woodward  and  others,  accom-  Golden  Rule,  - 
panied  by  Resolution  providing  for  the  recognition  in  the  Bill  of  r< 
Rights  of  the  Golden  Rule  as  an  indispensable  element  of  the 
social   and   civic   welfare   of   the  people   (Doc.    No.   152),  —  the 
petitioners  severally  have  leave  to  withdraw; 

And  the  resolutions  and  petitions  were  severally  placed  in  the 
Orders  of  the  Day  for  the  next  session. 


118 


JOl'KNAl,   OF   TUK   CONVENTION, 


Nextaosskm. 


reported  that  the  Resolution  relative  to  the 
support  of  certain  institutions  from  public  funds  ^Doc.  No.  «'UH'^ 
had  boon  undor  eonsideration,  but  that  no  oonolusion  WM 
reached. 

Adjournment  and  Hour  of  Meeting. 

}ir.  K^wii)  I".  Tunis  of  Boston  niovod  that,  when  tho  Con- 
voution  adjourns  to-day,  it  adjourn  to  moot  to-morrow  at  half- 
past  ton  oYlook 

Mr.  Twomoy  of  Lawrence  niovod  that,  when  tho  Convent  ion 
adjourns  to-day,  it  adjourn  to  moot  on  Tuosday  noxt  at  ono 
o'olook  r.M. 

Tho  question  was  tirst  put  on  tho  motion  of  Mr.  Twomoy.  that 
having  precedence  undor  tl\o  rule;  and  after  dobato  tho  motion 
was  negatived.  by  a  voto  of  SI  to  171. 

Mr.  I'lackmur  of  Quinoy  movoil  that,  whon  tho  C'onvontion 
adjourns  to-day,  it  adjourn  to  moot  on  Monday  noxt  at  ono 
o'clook  r.M.;  and  this  motion  was  nocativod. 

Tho  motion  of  Mr.  Tunis  was  thon  adoptod. 


At  twelve  minutes  before  four  o'eloek,  on  motion  of  Mr. 
Morriam  of  Framingham,  tho  C'onvontion  adjourned,  to  moot 
to-morrow  at  half-past  ton  o'olook  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  TI1K  WHOLE. 


Method  of 
procedure. 


Praambleof 
the  Constitu- 
tion. 


THVKSPAY.  July  \\\  1917. 

]\Ir.  Luce  of  Waltham  in  the  chair. 

The  Convention  having  resolved  itself  into  Committee  of  the 
'Whole  for  the  purpose  of  considering  the  matters  on  its  Docket.— 

Mr.  Quinoy  of  l>oston  moved  that  the  Committee  proceed  to 
the  calling  of  the  Docket. 

Mr.  Lomasney  of  Boston  moved  that  the  motion  of  Mr. 
Quiney  be  amended  by  the  substitution  of  the  following:  That 
the  Docket  be  called  by  the  Chair,  and,  on  the  request  of  a 
member,  any  matter  may  be  passed  for  further  action. 

After  debate  the  motion  of  Mr.  Lomasney  was  adopted;  and 
the  motion  of  Mr.  Quiney,  as  thus  amended,  was  adopted. 

The  Resolution  providing  for  an  amendment  of  the  preamble 
of  the  Constitution  ^Doc.  No.  -O  was  tirst  considered,  and  I 
debate   the   Committee   voted   that   the   resolution   ought   not    to 
pass,   as    had    been    recommended  by  the  committee    on    Bill  of 
Rights. 


THURSDAY,  JULY    1!),    11)17. 

The  Commit  tec  voted  to  approve  the  report  of  the  committee  preambled 
on    Bill   of   Rights,   leave   to   withdraw,  on  the  petition  of  J.  M. 
Foster,  accompanied   by    R<  solution  relative  to  the  preamble  to 
the  Con  stitution   (Doc.  No.  144). 


The  Committee  voted  that  the  Resolution  providing  that  the  R 
rights   of   individuals   shall    not  prevent  public  authorities  from 
controlling   business    enterprisers  in    the  interest  of    public  welfare  enterprise*. 
(Doe.  No.  22)  ought  not   to  pass,  as  had  been  recommended  by 

the  committee  on    Bill  of   Right    . 

The  roimniti.ee  voted  that  the  Resolution  relative  to  the  free  Free«wcwe 
exereise  of  religion    (Doe.   No.   153)   ought  not  to  pass,   as  had  ofrelij<l 
been  recommended  by  the  committee  on  Bill  of  Rights. 

The  Committee  voted  to  approve  the  report  of  the  committee  Golden  Rule, 
on    Hill   of   Rights,  leave;   to   withdraw,  on   the  petition  of  Frank  ~re««nitk>n- 
Krnest   Woodward   and   others,  accompanied  by  Resolution  pro- 
viding for  the  recognition   in   the   Bill  of  Rights  of  the  Golden 
Rule  as  an  indispensable  element  of  the  social  and  civic  welfare 
of  the  people  (Doc.  No.  152). 

The   lie  solution   relative  to  the  support  of  certain  institutions  Sectarian 
from  public  funds  (Doc.  No.  306)  was  considered. 

Mr.  Anderson  of  Newton  moved  that  the  further  consideration 
of  the  resolution  be  postponed  until  Tuesday,  July  24,  first  in 
the  Docket. 

Mr.  Quincy  of  Boston  raised  the  point  of  order  that  the  Com-  Point 
mit  tee  of  the  Whole,  not  being  a  continuing  body,  the  motion  oforclcr 
to  postpone  was  not  in  order. 

The  Chair  stated   that,  in  the  national  Senate,  if  he  under-  Ruling  by  the 
stood  correctly,   a   motion  to  postpone  might  be  entertained  in  Chair- 
Committee   of  the    Whole,   but  that,   in  the  national   House,   a 
motion    to    postpone    might  not  be  considered;     and    that    the 
Chair    was    inclined    to    follow    the    procedure    of    the    national 
House,  inasmuch  as  its  practice   is    in    most   particulars  in  con- 
formity with  that  of  the  Parliament  of  Great  Britain,  whence 
came    most    of    our    parliamentary    law.      The    Chair    therefore 
declared  the  point  of  order  well  taken. 

Without  further  action  on  the  resolution  Mr.  Washburn  of 
Worcester  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


114 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  July  20,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Committee  on 
Social  Welfare, 


Hour  of 

meeting;  recess; 
adjournment 
from  Friday  to 
Tuesday. 


Public  funds, 
—  appropria- 
tions. 


Biennial 
elections. 


Committee  Authorized  to  Sit. 

On  motion  of  Mr.  Brackett  of  Arlington,  — 

Voted,  That  the  committee  on  Social  Welfare  have  leave  to  sit 
during  the  sessions  of  the  Convention  and  of  the  Committee  of 
the  Whole. 

Daily  Hour  of  Meeting. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, who  were  authorized  to  report  rules  and  orders  for  the 
government  of  the  Convention,  reported  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  hour  of 
meeting  shall  be  half-past  ten  o'clock  A.M.;  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.,  except  on  Fridays, 
the  President  shall  declare  a  recess  until  two  o'clock;  and  that, 
whenever  the  Convention  is  in  session  at  one  o'clock  P.M.  on 
Fridays,  the  President  shall  declare  an  adjournment  until  the 
following  Tuesday. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Petitions. 

Petitions  were  severally  presented  as  follows:  — 

By  Mr.  Bryant  of  Milton,  petitions  of  the  First  Baptist  Church 
of  Canton  and  the  Mattapan  Baptist  Church;  by  Mr.  Day  of 
Winchendon,  petition  of  the  First  Congregational  Church  of 
Royalston;  by  Mr.  Hall  of  Orange,  petition  of  the  First  Baptist 
Church  of  Orange;  by  Mr.  Harding  of  Whitman,  petitions  of  the 
Congregational  and  Baptist  churches  of  Whitman  and  the  men's 
classes  of  the  First  Baptist  Church  of  Whitman;  by  Mr.  Hibbard 
of  Pittsfield,  petition  of  the  First  Baptist  Church  of  Pittsfield; 
by  Mr.  Lane  of  Dighton,  petition  of  the  Congregational  Church 
of  East  Taunton;  by  Mr.  Powers  of  Newton,  petition  of  the 
Allston  Baptist,  Methodist  and  Congregational  churches;  and  by 
Mr.  Stoeber  of  Adams,  petition  of  the  Men's  Bible  Class  of  the 
First  Baptist  Church  of  Cheshire,  —  severally  in  aid  of  the 
Resolution  (Doc.  No.  66)  to  prohibit  the  support  of  sectarian 
institutions  from  public  funds,  and  protesting  against  the  substi- 
tution of  any  amendment  prohibiting  appropriations  of  public 
money  to  private  institutions. 

By  Mr.  Dutch  of  Winchester,  a  communication  from  the  select- 
men of  the  town  of  Winchester  in  favor  of  biennial  elections. 

Severally  placed  on  file. 


FRIDAY,  JULY  20,   1917.  115 


Reports  of  Committees. 

By  Mr.  Good  of  Cambridge,  for  the  committee  on  Taxation,  Property  of 
that  the  Resolution  providing  for  compensating  cities  and  towns  SStSJSf 
for  loss  of  taxation  on  property  of  educational  institutions  (Doc.  taxation. 
No.  61)  ought  to  pass  [Messrs.  Cox  of  Boston,  Trefry  of  Marble- 
head,   Adams  of  Concord,   Flye  of  Holbrook,   Tilton  of  Spring- 
field, Fitz-Randolph  of  Nantucket  and  Richardson  of  Ayer  dis- 
senting], 

By  Mr.  Crafts  of  Whately,  for  the  committees  on  County  and  Swn^- 
District  Government  and  Municipal  Government,  sitting  jointly,  of  bond* 
that  so  much  of  the  Resolution  relative  to  the  manner  in  which 
the  General  Court  may  authorize  the  issuance  of  bonds   (Doc. 
No.  279)  as  relates  to  authorizing  the  issuance  of  bonds  by  any 
city,  town  or  other  civil  division  ought  not  to  pass. 

By   Mr.   Bangs   of  Boston,   for  the  committee   on   Municipal  ^wris51— d 
Government,  that  so  much  of  the  Resolution  relative  to  granting  granting  of 
the  credit  of  the  Commonwealth  or  its  sub-divisions  (Doc.  No.  credit' 
278)  as  relates  to  cities  and  towns  ought  not  to  pass. 

The   reports   were   read;     and  the   resolutions   were   severally 
referred,  under  the  rule,  to  the  Committee  of  the  Whole. 

Orders  of  the  Day. 

The   Convention   then   proceeded  to  the  consideration   of  the 
Orders  of  the  Day. 

The  Resolution  providing  for  an  amendment  of  the  preamble  of 
the  Constitution  (Doc.  No.  21);  .  tion. 

The  Resolution  providing  that  the  rights  of  individuals  shall  Rights  of  indi- 
not  prevent  public  authorities  from  controlling  business  enter-  welfare.'  P 
prises  in  the  interest  of  public  welfare  (Doc.  No.  22) ;   and 

The  Resolution  relative  to  the  free  exercise  of    religion  (Doc.  Free  exercise  • 

No.   153);  of  religion. 

Were  severally  considered;    and  the  proposals  were  severally 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 

The  petition  of  J.  M.  Foster,  accompanied  by  Resolution  rela-  Preamble  to  the 
tive  to   the  preamble  to  the  Constitution  (Doc.   No.  144),  was  Constitution- 
considered;  and  the  petitioner  was  given  leave  to  withdraw,  as 
recommended  by  the  Committee  of  the  Whole. 

The  petition  of  Frank  Ernest  Woodward  and  others,  accom-  Golden  Rule, 
panied  by  Resolution  providing  for  the  recognition  in  the  Bill  of 
Rights   of  the  Golden  Rule  as  an  indispensable  element  of  the 
social  and  civic  welfare  of  the  people  (Doc.  No.  152),  was  con- 
sidered;  and  after  debate  the   petitioners  were   given    leave    to 
Bthdraw,  as  recommended  by  the  Committee  of  the  Whole. 
Committee  of  the  Whole. 

Mr.  Luce  of  Waltham  moved  that  the  Convention  resolve  itself  Committee  of 
into  Committee  of  the  Whole,  for  the  purpose  of  considering  the 
matters  on  its  Docket. 


116 


Special 

assignment,  — 
capital  pun- 
ishment. 


Public  funds, 
—  appropria- 
tions. 


JOURNAL    OF   THE   CONVENTION, 

Pending  the  question  on  this  motion,  Mr.  Bodfish  of  Barnstable 
offered  the  following  order,  there  being  no  objection :  — 

Ordered,  That,  on  Thursday,  July  26,  at  two  o'clock  P.M.,  the 
Convention  resolve  itself  into  Committee  of  the  Whole,  for  the  pur- 
pose of  considering  the  report  of  the  committee  on  the  Judiciary 
on  the  Resolution  relative  to  capital  punishment  (Doc.  No.  31). 

After  debate  the  order  was  referred  to  the  committee  on  Rules 
and  Procedure,  on  motion  of  Mr.  Luce. 

Mr.  Sawyer  of  Ware  moved  that  the  motion  of  Mr.  Luce  be 
amended  by  adding  at  the  end  thereof  the  words  "for  two 
hours";  and  this  motion  was  negatived. 

The  motion  of  Mr.  Luce  was  then  adopted;  and  the  President 
appointed  Mr.  Luce  to  take  the  chair. 

Subsequently  Mr.  Luce,  for  the  Committee,  reported  that  the 
Resolution  relative  to  the  support  of  certain  institutions  from 
public  funds  (Doc.  No.  306)  had  been  under  consideration,  but 
that  no  conclusion  was  reached. 


id. 


Statement  Ordered  Printed. 

On  motion  of  Mr.  Pelletier  of  Boston  the  statement  of  the 
chairman  of  the  committee  on  Bill  of  Rights,  made  in  Committee 
of  the  Whole  on  the  Resolution  relative  to  the  support  of  certain 
institutions  from  public  funds  (Doc.  No.  306),  was  ordered 
printed  as  a  Convention  document.  (Doc.  No.  334.) 


At  seven  minutes  before  one  o'clock,  on  motion  of  Mr.  Keliher 
of  Boston,  the  Convention  adjourned,  to  meet  on  Tuesday  next 
at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Public  funds, 
—  appropria- 
tions. 


FRIDAY,  July  20,  1917. 


Mr.  Luce  of  Waltham  in  the  chair. 


The  Resolution  relative  to  the  support  of  certain  institutions 
from  public  funds  (Doc.  No.  306)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Under- 
bill of  Somerville  moved  that  the  Committee  rise;  and  this 
motion,  after  debate,  was  adopted. 

Accordingly  the  Committee  rose. 


TUESDAY,  JULY  24,  1917.  117 


TUESDAY,  July  24,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rabbi  Phineas  Israeli  of  Boston. 

Leave  of  Absence. 

On  motion  of  Mr.  Coe  of  Worcester,  — 

Ordered,   That   Mr.   Logan   of  Worcester  be  granted  leave   of  James  Logan, 
absence,    under   Rule    13,   until   Tuesday,    July   31,    because   of 
business  at  Washington  in  connection  with  national  affairs. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Walsh  of  Fitchburg,  — 

-Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  the  Executive,  Public  Affairs,  Social  Wei-  Sto^cmof'"" 
fare,  State  Administration,  State  Administration  and  the  Execu-  time, 
tive  (sitting  jointly)  and   State  Finance  and  Municipal  Govern- 
ment   (sitting   jointly)    be   granted   until   Tuesday,   July   31,   in 
which  to  report  on  the  matters  remaining  before  them. 

Special  Assignment  —  Capital  Punishment. 

Mr.  Williams  of  Brookline,  for  the  committee  on  Rules  and  Special  assign- 
Procedure,  to  whom  was  referred  the  order  That,  on  Thursday,  Sp?taf~ 
July  26,  at  two  o'clock  P.M.,  the  Convention  resolve  itself  into  punishment. 
Committee  of  the  Whole,  for  the  purpose  of  considering  the  report 
of  the  committee  on  the  Judiciary  on  the  Resolution  relative  to 
capital  punishment  (Doc.  No.  31),  reported  recommending  that 
the  order  be  adopted. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders  of 

KDay  for  the  next  session. 
Request  for  a  Hearing  in  Springfield. 
A.T.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro-  industrial 
cedure,  to  whom  was  referred  the  petition  of  Conrad  Reno  and 
others  for  a  hearing  in  the  city  of  Springfield  on  the  Resolution 
relative  to  industrial  rights  and  social  justice   (Doc.   No.   248), 
reported  that  it  is  inadvisable  to  grant  the  request. 

The  report  was  read;   and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session. 


Views  on  the  Initiative  and  Referendum. 

The  following  order,  offered  by  Mr.  Parker  of  Lancaster,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 


118 


JOURNAL  OF  THE  CONVENTION, 


Members  of 
the  committee 
on  Initiative 
and  Referen- 
dum, —  print- 
ing of  views. 


"Legislature" 
for  "General 
Court"; 
"Supreme 
Court"  for 
"Supreme 
Judicial 
Court". 


Initiative  and 
referendum. 


Id. 


Id. 


Id. 


Id. 


Judicial 
appointments, 
—  confirma- 
tion. 


Hours  of 
labor,  — 
regulation. 

I 


Ordered,  That  the  majority  and  minority  members  of  the 
committee  on  Initiative  and  Referendum  have  leave  to  file  with 
the  Secretary  of  the  Convention,  on  or  before  August  first,  and 
to  have  printed,  statements  of  the  grounds  of  their  support  of  or 
dissent  from  the  report  of  that  committee. 

Subsequently  Mr.  Parker,  for  the  committee  on  Rules  and 
Procedure,  reported  recommending  that  the  order  be  adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted.  (See  Doc.  No.  343.) 

Reports  of  Committees. 

By  Mr.  Blackmur  of  Quincy,  for  the  committee  on  Form  and 
Phraseology,  who  were  directed  under  an  order  adopted  July  10 
to  consider  the  expediency  of  substituting  for  the  words  "  General 
Court",  wherever  they  occur  in  the  Constitution,  the  word 
"Legislature",  and  for  the  words  "Supreme  Judicial  Court", 
wherever  they  occur  therein,  the  words  "Supreme  Court",  —  that 
it  is  expedient  to  substitute  for  the  words  "General  Court"  the 
word  "  Legislature ",  except  where  the  context  makes  the  word 
"General  Court"  necessary;  and  that  it  is  inexpedient  to  sub- 
stitute for  the  words  "Supreme  Judicial  Court"  the  words 
"Supreme  Court". 

The  report  was  read;  and  it  was  referred,  under  the  rule,  to  the 
Committee  of  the  Whole. 

By  Mr.  Walker  of  Brookline,  for  the  committee  on  Initiative 
and  Referendum,  on  resolutions  Nos.  7,  183,  184  and  187,  and  on 
a  petition  accompanied  by  resolution  No.  186,  a  Resolution  to 
provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335)  [Messrs.  Choate  of  Southborough,  Parker  of  Lancaster, 
Powers  of  Newton,  Lummus  of  Lynn,  Churchill  of  Amherst, 
Youngman  of  Boston  and  Bailey  of  Newbury  dissenting]. 

By  Mr.  Harriman  of  New  Bedford,  for  the  same  committee, 
that  the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  for  cities  and  towns  (Doc.  No.  27)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Reso- 
lution providing  for  the  referendum  by  the  General  Court  of  acts 
and  resolves  and  parts  thereof  (Doc.  No.  88)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the 
Resolution  to  provide  for  the  direct  adoption  of  constitutional 
amendments  by  referendum  to  the  people  (Doc.  No.  134)  ought 
not  to  pass. 

By  the  same  member,  for  the  same  committee,  tbat  the  Reso- 
lution relative  to  obtaining  signatures  in  connection  with  the  ini- 
tiative and  referendum  (Doc.  No.  185)  ought  not  to  pass. 

By  Mr.  McAnarney  of  Quincy,  for  the  committee  on  the 
Judiciary,  that  the  Resolution  to  provide  for  the  confirmation  of 
judicial  appointments  by  other  than  a  political  body  (Doc.  No. 
201)  ought  not  to  pass. 

By  Mr.  Donovan  of  Lawrence,  for  the  committee  on  Labor, 
on  resolutions  Nos.  115,  117,  216  and  217,  a  Resolution  authoriz- 
ing the  General  Court  to  pass  laws  regulating  and  restricting  the 
hours  of  labor  (Doc.  No.  336)  [Messrs.  Brown  of  Springfield,  Collier 
of  Gardner  and  Thompson  of  North  Attleborough  dissenting], 


TUESDAY,  JULY  24,   1917.  119 

By  Mr.  Boynton  of  Everett,  for  the  same  committee,  leave  to  Safe  construc- 
withdraw,  on  the  petition  of  the  Massachusetts  State  Branch  of  tlon> 
the  American  Federation  of  Labor,  accompanied  by  Resolution 
to   insure   safe   construction   in   this   Commonwealth    (Doc.    No. 
218)  [Mr.  Donovan  of  Lawrence  dissenting]. 

Mr.  Lowell  of  Newton,  for  the  committees  on  Labor  and  Judi-  Labor  rights; 
cial  Procedure,  sitting  jointly,  to  whom  were  referred  the  resolu-  iabo?disputes. 
tions  Nos.  30,  146  and  150,  and  the  petitions  of  the  Massachu- 
setts State  Branch  of  the  American  Federation  of  Labor,  accom- 
panied   by    resolutions    Nos.   219    and    220,    reported   that   the 
resolutions  ought  not  to  pass  and  that  the  petitioners  have  leave 
to  withdraw  [Messrs.  Brown  of  Brockton,  Ross  of  New  Bedford, 
Donovan    of    Lawrence,    Shea    of    Cambridge    and    Skerrett    of 
Worcester  dissenting].     [For   the  views  of   the  majority  and  of 
the  minority  see  Doc.  No.  337.] 

By  Mr.  Flaherty  of  Boston,  for  the  committee  on  Social  Wei-  Advertising  in 
fare,  that  the  Resolution  to  provide  for  the  regulation  of  adver-  E^S^^S?' 
tising  in  public  places  (Doc.  No.  53)  ought  not  to  pass  [Messrs. 
Brackett  of  Arlington,  Kelley  of  Rockland,  Kilbon  of  Springfield 
and  Sweet  of  Attleboro  dissenting]. 

By    the    same    member,    for    the    same    committee,    that    the  Noxious 
Resolution  relative  to  the  power  of  the  General  Court  to  regulate  ^"ounds*- 
smells,    sights    and    sounds    and    the    construction    of    buildings  regulation. ' 
(Doc.  No.  182)  ought  not  to  pass  [Messrs.  Brackett  of  Arlington, 
Kelley  of  Rockland,  Kilbon  of   Springfield  and   Sweet  of  Attle- 
boro dissenting]. 

By  Mr.  Brackett  of  Arlington,  for  the  same  committee,  that  Women  before 
the  Resolution  relative  to  the  duty  of  the  Commonwealth  toward 
women  before  and  after  childbirth  (Doc.  No.  260)  ought  not  to 
pass. 

The  reports  were  read;  and  the  resolutions  and  petitions  were 
severally  referred,  under  the  rule,  to  the  Committee  of  the 
Whole. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Luce  of  Waltham  the  Convention  resolved  ^>Ewsj1itiee  of 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
ing the  matters  on  its  Docket. 

The  President  appointed  Mr.  Luce  to  take  the  chair. 

Subsequently  Mr.  Luce,  for  the  Committee,  reported  that  the  Public  funds, 
Resolution  relative  to  the  support  of  certain  institutions  from  tion?pr°pna" 
public  funds  (Doc.  No.  306)  had  been  under  consideration,  but 
that  no  conclusion  was  reached. 

At  six  minutes  before  one  o'clock,  on  motion  of  Mr.  Hall  of  Recess. 
Taunton,  recess  was  taken  until  two  o'clock;   at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Luce  of  Waltham  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Luce  to  take  the  chair. 


120 


JOURNAL  OF  THE  CONVENTION, 


-UaPpVoprida-'         Subsequently  Mr.  Luce,  for  the  Committee,  reported  that  the 
tions.  Resolution  relative  to  the  support  of  certain  institutions  from 

public  funds  (Doc.  No.  306)  had  been  under  consideration,  that 
it  had  been  amended  by  the  substitution  of  a  new  draft  with  the 
same  title  (Doc.  No.  338),  and  that  the  Committee  recommended 
that  the  resolution,  as  thus  amended,  ought  to  pass. 

The  resolution  was  read;  and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session  for  a  second  reading. 


At  ten  minutes  before  five  o'clock,  on  motion  of  Mr.  Montague 
of  Boston,  the  Convention  adjourned,  to  meet  to-morrow  at  half- 
past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


—  appropna 
tions. 


TUESDAY,  July  24,  1917. 
Mr.  Luce  of  Waltham  in  the  chair. 

Public  funds,  The  Resolution  relative  to  the  support  of  certain  institutions 
from  public  funds  (Doc.  No.  306)  was  considered  further. 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  resolution  be 
amended  by  the  substitution  of  a  resolution  with  the  same  title 
(Doc.  No.  338). 

After  debate  Mr.  Anderson  of  Newton,  there  being  no  ob- 
jection, withdrew  his  dissent  (see  Doc.  No.  307). 

Mr.  Washburn  of  Worcester  moved  that  the  amendment  be 
amended  by  adding  at  the  end  thereof  the  following:  "The 
General  Court  may  make  appropriations  for  scholarships  in 
technical  and  engineering  schools  in  which  state  scholarships 
now  exist." 

After  further  debate,  and  without  action  on  the  amendments, 
Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  Committee  rise; 
and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  the 
above-named  resolution,  Mr.  Luce  being  in  the  chair. 

After  debate  the  amendment  previously  moved  by  Mr.  Wash- 
burn  was  rejected. 

Mr.  Bartlett  of  Newburyport  moved  that  the  amendment 
previously  moved  by  Mr.  Curtis  be  amended  by  adding  at  the 
end  thereof  the  following:  "But  nothing  herein  contained  shall 
prevent  any  city  or  town  from  expending  money  raised  by  taxa- 
tion or  otherwise,  in  the  education  of  its  school  children  in  any 
school  approved  by  the  school  committee  and  not  under  ecclesi- 
astical or  sectarian  control." 


TUESDAY,  JULY  24,  1917. 

The  same  member  then  moved  that  the  Committee  rise;  and 
this  motion,  after  debate,  was  negatived. 

Mr.  Bennett  of  Saugus  moved  that  the  amendment  previously 
moved  by  Mr.  Curtis  be  amended  by  striking  out  all  after  the 
word  "expended",  in  line  17. 

After  further  debate  the  amendments  of  Messrs.  Bartlett  and 
Bennett  were  severally  rejected. 

Mr.  Adams  of  Springfield  moved  that  the  amendment,  previ- 
ously moved  by  Mr.  Curtis  be  amended  by  inserting  after  the 
word  "libraries",  in  line  33,  the  words  "and  museums  connected 
therewith";  and  this  amendment,  after  debate,  was  rejected. 

The  amendment  previously  moved  by  Mr.  Curtis  was  then 
adopted;  and  the  Committee  voted  that  the  resolution,  as  thus 
amended,  ought  to  pass. 

Mr.  Edwin  U.  Curtis  of  Boston  then  moved  that  the  Committee 
rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


121 


122 


JOURNAL  OF  THE  CONVENTION, 


State 
prohibition. 


Charitable 
institutions, 
—  inspection 
and  support. 

Definition  of 
labor. 


Hearing  in 
the  city  of 
Springfield,  — 
industrial 
rights  and 
social  justice. 


Special  assign- 
ment, — 
capital  pun- 
ishment. 


Public  funds, 
—  appropri- 
ations. 


WEDNESDAY,  July  25,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Warren  P.  Landers  of  Brockton, 
Secretary  of  the  Massachusetts  Total  Abstinence  Society. 

Petition. 

Mr.  Kilbon  of  Springfield  presented  a  communication  from 
the  Massachusetts  Congregational  Conference  in  favor  of  pro- 
hibiting the  manufacture  and  sale  of  intoxicating  liquors  as 
beverages;  and  the  same  was  placed  on  file. 

Documents  Ordered  Printed. 

On  motion  of  Mr.  George  of  Haverhill  a  Resolution  relative  to 
the  inspection  and  support  of  charitable  institutions,  was  ordered 
printed  as  a  Convention  document.  (Doc.  No.  340.) 

On  motion  of  Mr.  Brown  of  Brockton  certain  views  and  a 
resolution  relative  to  the  definition  of  labor,  were  ordered  printed 
as  a  Convention  document.  (Doc.  No.  342.) 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on  Rules  and  Procedure,  to  whom 
was  referred  the  petition  of  Conrad  Reno  and  others  for  a  hearing 
in  the  city  of  Springfield  on  the  Resolution  relative  to  industrial 
rights  and  social  justice  (Doc.  No.  248),  that  it  is  inadvisable  to 
grant  the  request,  was  accepted. 

The  order  That,  on  Thursday,  July  26,  at  two  o'clock  P.M., 
the  Convention  resolve  itself  into  Committee  of  the  Whole,  for  the 
purpose  of  considering  the  report  of  the  committee  on  the  Judici- 
ary on  the  Resolution  relative  to  capital  punishment  (Doc.  No. 
31),  was  considered. 

Mr.  Bodfish  of  Barnstable  moved  that  the  order  be  amended 
by  striking  out  "Thursday,  July  26",  and  inserting  in  place 
thereof  "Tuesday,  July  31  ". 

After  debate  the  amendment  was  adopted;  and  the  order,  as 
amended,  was  adopted. 

The  Resolution  relative  to  the  support  of  certain  institutions 
from  public  funds  (Doc.  No.  338)  was  read  a  second  time. 

Mr.  George  of  Haverhill  moved  that  the  Resolution  be 
amended  by  the  substitution  of  a  Resolution  guaranteeing 
freedom  of  religious  worship  and  prohibiting  religious  discrimina- 
tion and  the  public  support  of  sectarian  institutions  (Doc.  No. 
341). 

The  same  member  then  moved  that  the  further  consideration 
of  the  resolution  be  postponed  until  to-morrow. 


WEDNESDAY,  JULY  25,  1917.  123 

Mr.  Pillsbury  of  Wellesley  moved  that  the  resolution  be  laid 
on  the  table;  and  this  motion,  after  debate,  was  negatived. 
The  motion  to  postpone  was  also  negatived. 

Mr.  George  then  withdrew  the  amendment  moved  by  him, 
there  being  no  objection. 

The  resolution  was  then  ordered  to  a  third  reading. 

Committee  of  the  Whole. 

On   motion   of   Mr.    Washburn   of   Worcester   the   Convention  Committee  of 
resolved   itself   into    Committee  of   the   Whole,  for   the   purpose  theWilole- 
of  considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Washburn  to  take  the  chair. 

Subsequently    Mr.    Washburn,    for    the    Committee,    reported  ^aTe^nd1' 
that   the   Resolution   relative   to    appropriations   for   vocational,  textile  schools. 
trade  and  textile  schools  (Doc.  No.  148); 

The  Resolution  providing  that  all  takings  of  land  by  eminent  Land  takings 
domain  shall  be  deemed  a  public  use  (Doc.  No.  202);  JSrpSS? 

The   Resolution   relative   to   the   use   of   private   property  for  id. 
public  purposes  (Doc.  No.  142) ;  and 

The  Resolution  relative  to  the  taking  of  property  for  public  id. 
uses  (Doc.  No.  196),  —  severally  ought  not  to  pass; 

And  the  resolutions  were  severally  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Mr.  Washburn  also  reported  that  the  Committee  recom-  Taking  of  land 
mended  that  the  Resolution  relative  to  the  right  of  the  Com- 
monwealth  to  take  or  to  authorize  the  taking*of  land  by  eminent 
domain  (Doc.  No.  94)  be  recommitted,  with  a  pending  amend- 
ment (see  Doc.  No.  339),  to  the  committee  on  the  Judiciary; 
and 

That  the  Resolution  relative  to  the  public  interest  in  natural  Natural 
resources  (Doc.  No.  321)  be  recommitted,  with  pending  amend-  —public* 
ments,  to  the  committee  on  Public  Affairs. 

The  questions  on  these  recommendations  were  put  forthwith, 
and  they  were  severally  adopted;  and  accordingly  the  resolu- 
tions were  recommitted. 

At  four  minutes  before  one  o'clock,  on  motion  of  Mr.  Washburn  Recess, 
of  Middleborough,  recess  was  taken  until  two  o'clock;    at  which 
hour  the  Convention  reassembled. 

On   motion   of   Mr.    Washburn   of   Worcester   the   Convention  Committee  of 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  t] 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Washburn  to  take  the  chair. 

Subsequently  (Mr.  Pillsbury  of  Wellesley  being  in  the  chair)  £|£^~nd 
Mr.  Washburn,  for  the  Committee,  reported  that  the  Resolution  equality  of 
to  provide  for  securing  freedom  and  equality  of  justice  in  the  Justlce- 
courts  of  the  Commonwealth  to  all  persons  (Doc.  No.  8); 

The    Resolution   relative   to   establishing   the   office   of   public  Public 
defender  (Doc.  No.  209); 

The  Resolution  relative  to  the  election  of  a  public  defender  id. 
(Doc.  No.  210); 


124 


JOURNAL  OF  THE  CONVENTION, 


Certain 
defendants, 

—  counsel. 
Acquittals, 

—  costs. 

Law  of 
the  land. 
Accused 
persons,  — 
statements. 
Accused 
persons,  — 
standing  mute. 
Id. 


Judge  and 
jurors,  — 


Id. 


Verdicts 
of  juries. 


The  Resolution  relative  to  providing  counsel  for  defendants 
charged  with  state  prison  offences  (Doc.  No.  211); 

The  Resolution  relative  to  the  payment  of  costs  to  those 
acquitted  of  the  charge  of  crime  (Doc.  No.  89) ; 

The  Resolution  relative  to  the  law  of  the  land  (Doc.  No.  143) ; 

The  Resolution  relative  to  statements  by  persons  accused  of 
crimes  or  offences  (Doc.  No.  90); 

The  Resolution  relative  to  removing  privilege  of  accused  to 
stand  mute  (Doc.  No.  69) ; 

The  Resolution  relative  to  removing  privilege  of  accused  to 
stand  mute  without  comment  by  court,  jury  or  counsel  (Doc. 
No.  70); 

The  Resolution  relative  to  the  challenge  of  judge  and  jurors 
in  criminal  causes  (Doc.  No.  29);  and 

The  Resolution  relative  to  the  challenge  of  judge  and  jurors 
in  civil  causes  (Doc.  No.  28),  —  severally  ought  not  to  pass; 

And  the  resolutions  were  severally  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Mr.  Washburn  also  reported  that  the  Resolution  relative  to 
verdicts  of  juries  in  civil  causes  (Doc.  No.  49)  had  been  under 
consideration,  but  that  no  conclusion  was  reached. 


At  five  minutes  before  four  o'clock,  on  motion  of  Mr.  Bigney 
of  Boston  (Mr.  Pillsbury  of  Wellesley  being  in  the  chair),  the 
Convention  adjournjd,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


Vocational, 
trade  and 


—  appropri- 
ations. 


Land  takings 
for  public 
purposes. 


Id. 


WEDNESDAY,  July  25,  1917. 
Mr.  Washburn  of  Worcester  in  the  chair. 

The  Committee  voted  that  the  Resolution  relative  to  appro- 
priations for  vocational,  trade  and  textile  schools  (Doc.  No.  148) 
ought  not  to  pass,  as  had  been  recommended  by  the  committee 
on  Bill  of  Rights. 

The  Committee  voted  that  the  Resolution  providing  that  all 
takings  of  land  by  eminent  domain  shall  be  deemed  a  public 
use  (Doc.  No.  202)  ought  not  to  pass,  as  had  been  recommended 
by  the  committee  on  the  Judiciary. 

The  Resolution  relative  to  the  right  of  the  Commonwealth  to 
take  or  to  authorize  the  taking  of  land  by  eminent  domain 
(Doc.  No.  94)  was  considered. 

Mr.  Dresser  of  Worcester  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  Resolution  extending  the  right  of  excess 
condemnations  (Doc.  No.  339). 


WEDNESDAY,  JULY  25,  1917.  125 

The  same  member  moved  that  the  Committee  recommend  that 
the  resolution  and  pending  amendment  be  recommitted  to  the 
committee  on  the  Judiciary;  and  this  motion  was  adopted. 

The  Committee  voted  that  the  Resolution  relative  to  the  use  Land  takings 
of  private  property  for  public  purposes   (Doc.   No.   142)   ought 
not  to  pass,  as  had  been  recommended  by  the  committee  on  Bill 
of  Rights. 

The   Committee   voted   that   the   Resolution   relative   to   the  id. 
taking  of  property  for  public  uses  (Doc.  No.  196)  ought  not  to 
pass,  as  had  been  recommended  by  the  committee  on  the  Ju- 
diciary. 

The    Resolution    relative    to    the    public    interest    in    natural  Natal 
resources  (Doc.  No.  321)  was  considered. 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  3,  the  word  "  agricultural,". 

The  same  member  moved  that  the  Committee  recommend 
that  the  Resolution  and  pending  amendment  be  recommitted 
to  the  committee  on  Public  Affairs. 

Mr.  Charbonneau  of  Lowell  moved  that  the  resolution  be 
amended  by  inserting  after  the  word  "taking",  in  line  6,  the 
words  "by  such  public  body  as  it  may  designate,". 

Mr.  Pillsbury  of  Wellesley  moved  that  the  resolution  be 
amended  by  inserting  before  the  word  "agricultural",  in  line  3, 
the  word  "undeveloped". 

Mr.  Montague  of  Boston  moved  that  the  resolution  be 
amended  by  striking  out  the  comma  after  the  word  "agricul- 
tural", in  line  3,  and  inserting  in  place  thereof  the  words  "land 
and  of  ". 

Mr.  O'Connell  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  3  and  4,  the  words  "  agricultural,  mineral, 
forest  and  water",  and  inserting  in  place  thereof  the  words 
"all  the  natural". 

Mr.  Dresser  of  Worcester  moved  that  the  resolution  be  amended 
by  striking  out  the  comma  after  the  word  "mineral",  in  line  4, 
and  inserting  in  place  thereof  the  word  "and";  and  by  striking 
out,  in  line  4,  the  words  "and  water",  and  in  line  8  the  words 
"water  and". 

After  debate  the  motion  of  Mr.  Clapp,  that  the  Committee 
recommend  that  the  resolution  and  pending  amendments  be  re- 
committed, was  adopted. 

Mr.  Montague  of  Boston  then  moved  that  the  Committee 
rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  the 
matters  on  its  Docket,  Mr.  Washburn  being  in  the  chair. 

The    Committee    voted    that    the    Resolution    to    provide   for  Courts,— 
securing  freedom  and  equality  of  justice  in  the  courts   of  the  equality  of d 
Commonwealth  to  all  persons  (Doc.  No.  8)  ought  not  to  pass,  justice. 


126 


JOURNAL  OF  THE  CONVENTION, 


Public 
defender. 


Id. 


Certain 
defendants, 
—  counsel. 


Acquittals, 
—  payment 
of  costs. 


Law  of 
the  land. 


Accused 
persons,  — 
statements. 


Accused 
persons,  — 
standing  mute. 


Id. 


Judge  and 
jurors,  — 
challenge. 


Id. 


Verdicts 
of  juries. 


as  had  been  recommended  by  the  committee  on  Judicial  Pro- 
cedure. 

The  Resolution  relative  to  the  election  of  a  public  defender 
(Doc.  No.  209)  was  considered;  and  after  debate  the  Committee 
voted  that  the  resolution  ought  not  to  pass,  as  had  been  recom- 
mended by  the  committee  on  the  Judiciary. 

The  Committee  voted  that  the  Resolution  relative  to  the 
election  of  a  public  defender  (Doc.  No.  210)  ought  not  to  pass, 
as  had  been  recommended  by  the  committee  on  the  Judiciary. 

The  Committee  voted  that  the  Resolution  relative  to  providing 
counsel  for  defendants  charged  with  state  prison  offences  (Doc. 
No.  211)  ought  not  to  pass,  as  had  been  recommended  by  the 
committee  on  the  Judiciary. 

The  Committee  voted  that  the  Resolution  relative  to  the 
payment  of  costs  to  those  acquitted  of  the  charge  of  crime  (Doc. 
No.  89)  ought  not  to  pass,  as  had  been  recommended  by  the 
committee  on  the  Judiciary. 

The  Resolution  relative  to  the  law  of  the  land  (Doc.  No.  143) 
was  considered;  and  after  debate  the  Committee  voted  that  the 
resolution  ought  not  to  pass,  as  had  been  recommended  by  the 
committee  on  Bill  of  Rights. 

The  Committee  voted  that  the  Resolution  relative  to  state- 
ments by  persons  acctised  of  crimes  or  offences  (Doc.  No.  90) 
ought  not  to  pass,  as  had  been  recommended  by  the  committee 
on  Judicial  Procedure. 

The  Committee  voted  that  the  Resolution  relative  to  removing 
privilege  of  accused  to  stand  mute  (Doc.  No.  69)  ought  not  to 
pass,  as  had  been  recommended  by  the  committee  on  Bill  of 
Rights. 

The  Resolution  relative  to  removing  privilege  of  accused  to 
stand  mute  without  comment  by  court,  jury  or  counsel  (Doc. 
No.  70)  was  considered;  and  after  debate  the  Committee  voted 
that  the  resolution  ought  not  to  pass,  as  had  been  recommended 
by  the  committee  on  Bill  of  Rights. 

The  Resolution  relative  to  the  challenge  of  judge  and  jurors 
in  criminal  causes  (Doc.  No.  29)  was  considered;  and  after 
debate  the  Committee  voted,  33  to  130,  that  the  resolution 
ought  not  to  pass,  as  had  been  recommended  by  the  committee 
on  Judicial  Procedure. 

The  Committee  voted  that  the  Resolution  relative  to  the 
challenge  of  judge  and  jurors  in  civil  causes  (Doc.  No.  28) 
ought  not  to  pass,  as  had  been  recommended  by  the  committee 
on  Judicial  Procedure. 

The  Resolution  relative  to  verdicts  of  juries  in  civil  causes 
(Doc.  No.  49)  was  considered. 

Without,  action  on  the  resolution,  Mr.  Stearns  of  Cambridge 
moved  the  Committee  rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


THURSDAY,  JULY  26,  1917.  127 


THURSDAY,  July  26,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was   offered  by  Rev.   Roland  D.   Sawyer  of  Ware,   a 
member  of  the  Convention. 

Petitions. 

Petitions  were  severally  presented  as  follows:  — 

By  Mr.  Bartlett  of  Newburyport,  petition  of  the  Methodist  Public  funds, 
Episcopal  Church  of  Ipswich;  and  by  Mr.  Richardson  of  Ayer, 
petition  of  the  Baptist  Church  of  Shirley,  —  severally  in  aid  of 
the  Resolution  (Doc.  No.  66)  to  prohibit  the  support  of  sectarian 
institutions  from  public  funds,  and  protesting  against  the  substi- 
tution of  any  amendment  prohibiting  appropriations  of  public 
money  to  private  institutions. 

Severally  placed  on  file. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

Relative   to   appropriations   for   vocational,   trade   and   textile  vocational 

Schools    (DOC.    NO.    148) ;>  Schools. 

Providing  that  all  takings  of  land  by  eminent  domain  shall  be  Land  takings 
deemed  a  public  use  (Doc.  No.  202);  .    f£*X™£ 

Relative  to   the  use  of   private  property  for   public   purposes  id 
(Doc.  No.  142); 

Relative    to    the    taking    of    property   for   public    uses    (Doc.  id. 
No.  196); 

To  provide  for  securing  freedom  and  equality  of  justice  in  the  Equality  of 
courts  of  the  Commonwealth  to  all  persons  (Doc.  No.  8); 

Relative  to  establishing  the  office  of  public  defender  (Doc.  No.  Public 

209).  defender. 

Relative  to  the  election  of  a  public  defender  (Doc.  No.  210);     Id- 

Relative    to    providing    counsel    for    defendants    charged    with  Defendants, 
state  prison  offences  (Doc.  No.  211);  -counsel.! 

Relative  to  the  payment  of  costs   to  those  acquitted  of  the  Acquittals, 
charge  of  crime  (Doc.  No.  89); 

Relative  to  the  law  of  the  land  (Doc.  No.  143);  th^fend. 

Relative  to  statements  by  persons  accused  of  crimes  or  offences  Accused 

(DOC.  NO.  90);  persons. 

Relative  to  removing  privilege  of  accused  to  stand  mute  (Doc.  id. 
No.  69) ; 

Relative  to  removing  privilege  of  accused  to  stand  mute  with-  id. 
out  comment  by  court,  jury  or  counsel  (Doc.  No.  70); 

Relative    to    the    challenge    of   judge    and    jurors    in    criminal  Jj^JJ^ 
causes  (Doc.  No.  29);  and  challenge. 


128 


JOURNAL  OF  THE  CONVENTION, 


Judge  and 

jurors,— 

challenge. 


Relative  to  the  challenge  of  judge  and  jurors  in  civil  causes 
(Doc.  No.  28); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 


Committee  of 
the  Whole. 


Verdicts 
of  juries. 


Committee  of 
the  Whole. 


Verdicts  of 
juries. 


Id. 


Jury  trials. 


Verdicts  of 
juries. 

Id. 


Jury  trials. 


Verdicts  of 
juries. 

Jury  trials. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Quincy  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Quincy  to  take  the  chair. 

Subsequently  Mr.  Quincy,  for  the  Committee,  reported  that 
the  Resolution  relative  to  verdicts  of  juries  in  civil  causes  (Doc. 
No.  49)  had  been  under  consideration,  but  that  no  conclusion 
was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Quincy  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Quincy  to  take  the  chair. 

Subsequently  Mr.  Quincy,  for  the  Committee,  reported  that 
the  Resolution  relative  to  verdicts  of  juries  in  civil  causes  (Doc. 
No.  49); 

The  Resolution  to  provide  that  five-sixths  of  any  jury  in  civil 
actions  may  render  a  valid  verdict  after  twelve  hours'  delibera- 
tion (Doc.  No.  203); 

The  Resolution  relative  to  the  right  of  trial  by  jury  in  all  cases 
at  law  (Doc.  No.  208); 

The  Resolution  relative  to  permitting  a  verdict  in  civil  actions 
by  less  than  the  whole  number  of  jurors  (Doc.  No.  204); 

The  Resolution  relative  to  the  verdicts  of  juries  and  to  trial  by 
jury  in  cases  relating  to  workmen's  compensation  (Doc.  No.  206) ; 

The  Resolution  relating  to  trial  by  jury  in  all  controversies 
concerning  property  (Doc.  No.  207); 

The  Resolution  relative  to  verdicts  of  juries  in  civil  actions 
(Doc.  No.  205);  and 

The  Resolution  relative  to  the  right  to  trial  by  jury  (Doc.  No. 
151),  —  severally  ought  not  to  pass; 

And  the  resolutions  were  severally  placed  in  the  Orders  of  the 
Day  for  the  next  session. 


Adjournment  and  Hour  of  Meeting. 

Next  session.  MT  Burns  of  pittsfield  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Tuesday  next  at  half-past 
ten  o'clock  A.M.;  and  this  motion,  after  debate,  was  negatived, 
by  a  vote  of  66  to  107. 


At  seven  minutes  after  four  o'clock,  on  motion  of  Mr.  Kenefick 
of  Palmer,  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


THURSDAY,  JULY  26,   1917.  129 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


THUESDAY,  July  26,  1917. 
Mr.  Quincy  of  Boston  in  the  chair. 

The   Resolution  relative  to  verdicts   of  juries  in   civil   causes  verdicts  of 
(Doc.  No.  49)  was  considered.  iuries- 

Mr.  Dutch  of  Winchester  moved  that  the  resolution  be  amended  id. 
by  inserting  at  the  beginning  of  line  4  the  words  "The  General 
Court  may  provide  that  ";   by  striking  out,  in  the  same  line,  the 
article  "a";  and  by  striking  out,  in  line  5,  the  word  "number" 
where  it  first  occurs. 

After  debate,  and  without  action  on  the  amendments,  Mr. 
Johnson  of  Worcester  moved  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  the  id. 
Resolution  relative  to  verdicts  of  juries  in  civil  causes  (Doc.  No. 
49),  Mr.  Quincy  being  in  the  chair. 

After  debate  the  amendments  previously  moved  by  Mr.  Dutch 
were  rejected. 

The  Committee  then  voted  to  recommend  that  the  resolution 
ought  not  to  pass. 

The  Resolution  to  provide  that  five-sixths  of  any  jury  in  civil  id. 
actions  may  render  a  valid  verdict  after  twelve  hours'  delibera- 
tion (Doc.  No.  203)  was  considered. 

Mr.  Bates  of  Boston  moved  that  the  resolution  be  amended  by 
the  substitution  of  a  resolution  with  the  same  title;  and  this 
amendment  was  rejected,  by  a  vote  of  30  to  150. 

The  Committee  then  voted  to  recommend  that  the  resolution 
ought  not  to  pass. 

The  Resolution  relative  to  the  right  of  trial  by  jury  in  all  cases  Right  to  trial 
at  law   (Doc.   No.   208)   was  considered;    and  after  debate  the  by  jury. 
Committee  voted  to  recommend  that  the  resolution  ought  not  to 
pass. 

The  Resolution  relative  to  permitting  a  verdict  in  civil  actions  verdicts  of 
by  less  than  the  whole  number  of  jurors  (Doc.  No.  204);  Juries- 

The  Resolution  relative  to  the  verdicts  of  juries  and  to  trial  Verdicts  of 
by   jury    in    cases    relating    to    workmen's    compensation    (Doc.  j 
No.  206);    and 


130 


JOURNAL  OF  THE  CONVENTION, 


- 
trial  by  jury, 


Verdicts  of 
juries. 


ial 


Resolution  relating  to  trial  by  jury  in  all  controversies 
concerning  property  (Doc.  No.  207); 

Were  severally  considered;  and  in  each  instance  the  Committee 
voted  to  recommend  that  the  resolution  ought  not  to  pass. 

The  Resolution  relative  to  verdicts  of  juries  in  civil  actions 
(Doc.  No.  205)  was  considered. 

Mr.  Twomey  of  Lawrence  moved  that  the  Committee  rise; 
and  this  motion  was  negatived,  by  a  vote  of  49  to  110. 

The  Committee  then  voted  to  recommend  that  the  resolution 
ought  not  to  pass. 

The  Resolution  relative  to  the  right  to  trial  by  jury  (Doc.  No. 
151)  was  considered;  and  the  Committee  voted  to  recommend 
that  the  resolution  ought  not  to  pass. 

Mr.  McAnarney  of  Quincy  then   moved  that   the  Committee 
rise;   and  this  motion  was  adopted. 
Accordingly  the  Committee  rose. 


FRIDAY,  JULY  27,   1917.  131 


FRIDAY,  July  27,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Philip  A.  Nordell  of  Brookline,  As- 
sistant Adjutant-General,  Department  of  Massachusetts,  Grand 
Army  of  the  Republic. 

Adjournment  and  Hour  of  Meeting. 

Mr.  Murphy  of  Chelsea  moved  that,  when  the  Convention  ad-  Next  session. 
journs  to-day,  it  adjourn  to  meet  on  Monday  next  at  one  o'clock 
P.M.;  and  this  motion,  after  debate,  was  negatived. 

Payment  to  the  Widow  of  Walter  F.  Russell. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Butler  of  Brockton,  was  postponed  until  the  next  session,  at  the 
request  of  Mr.  Williams  of  Brookline:  — 

Ordered,  That  there  be  allowed  and  paid  to  Abigail  A.  Russell,  wwow  of 
widow  of  Walter  F.  Russell  of  Brockton,  the  compensation  to  Russeiiof 
which  he  would  have  been  entitled  as  a  member  of  the  Con-  Brockton- 
vention  from  the  Tenth  Plymouth  Representative  District. 

Report  of  a  Committee. 

By  Mr.  Douglass  of  Boston,  for  the  committees  on  State  Fi-  state  budget; 
nance  and  Municipal  Government,  sitting  jointly,  that  so  much 
of  the  Resolution  providing  for  a  state  budget,  for  the  veto  of 
items  therein  and  for  state  financial  supervision  of  public  loans 
(Doc.  No.  275)  as  relates  to  state  financial  supervision  of  public 
loans  ought  not  to  pass  [Messrs.  Parkman  of  Boston,  Lowe  of 
Fitchburg,  Codman  of  Brookline,  Dellinger  of  Wakefield  and 
McCaffrey  of  Boston,  of  the  committee  on  State  Finance,  and 
Messrs.  Bangs  of  Boston  and  Charles  P.  Curtis,  Jr.,  of  Boston, 
of  the  committee  on  Municipal  Government,  dissenting]. 

The  report  was  read;  and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

Relative  to  verdicts  of  juries  in  civil  causes  (Doc.  No.  49);         Verdicts  of 

To  provide  that  five-sixths  of  any  jury  in  civil  actions  may  ^nes' 
render   a   valid   verdict   after   twelve   hours'   deliberation    (Doc. 
No.  203) ; 

Relative  to  the  right  of  trial  by  jury  in  all  cases  at  law  (Doc.  Trial  by  jury 
No.  208); 

Relative  to  permitting  a  verdict  in  civil  actions  by  less  than  verdicts  of 
the  whole  number  of  jurors  (Doc.  No.  204);  Juries- 

Relative  to  the  verdicts  of  juries  and  to  trial  by  jury  in  cases  id. 
relating  to  workmen's  compensation  (Doc.  No.  206);  and 


132 


JOURNAL  OF  THE  CONVENTION, 


Trial  by  jury. 


Verdicts  of 
juries. 


Trial  by  jury. 


Relating  to  trial  by  jury  in  all  controversies  concerning  prop- 
erty (Doc.  No.  207); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 

The  Resolution  relative  to  verdicts  of  juries  in  civil  actions 
(Doc.  No.  205)  was  considered;  and  after  debate  the  proposal 
was  rejected,  as  recommended  by  the  Committee  of  the  Whole. 

The  Resolution  relative  to  the  right  to  trial  by  jury  (Doc. 
No.  151)  was  considered;  and  after  debate  the  proposal  was 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 


Committee  of 
the  Whole. 


Liberty  of 
speech  and 
press. 


Courts,  — 
power. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Williams  of  Brookline  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of  con- 
sidering the  matters  on  its  Docket. 

The  President  appointed  Mr.  Williams  to  take  the  chair. 

Subsequently  Mr.  Williams,  for  the  Committee,  reported  that 
the  Resolution  relative  to  the  liberty  of  speech  and  of  the  press 
and  of  all  important  recognized  media  of  thought  transmission 
utilized  to  affect  public  opinion  (Doc.  No.  149)  ought  not  to 
pass;  and  the  resolution  was  placed  in  the  Orders  of  the  Day 
for  the  next  session. 

Mr.  Williams  also  reported  that  the  Resolution  limiting  the 
power  of  the  courts  to  declare  statutes  to  be  unconstitutional 
(Doc.  No.  47)  had  been  under  consideration,  but  that  no  con- 
clusion was  reached. 


At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  the  Convention  adjourned,  to  meet  on  Tues- 
day next  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Liberty  of 
speech  and 
press. 


Courts,  — 
power. 


FRIDAY,  July  27,  1917. 
Mr.  Williams  of  Brookline  in  the  chair. 

The  Resolution  relative  to  the  liberty  of  speech  and  of  the 
press  and  of  all  important  recognized  media  of  thought  trans- 
mission utilized  to  affect  public  opinion  (Doc.  No.  149)  was  con- 
sidered; and  the  Committee  voted  to  recommend  that  the  reso- 
lution ought  not  to  pass. 

The  Resolution  limiting  the  power  of  the  courts  to  declare 
statutes  to  be  unconstitutional  (Doc.  No.  47)  was  considered. 

After  debate,  and  without  action  on  the  resolution,  the  chair- 
man declared  the  meeting  at  an  end,  as  the  hour  fixed  for  the  ad- 
journment of  the  Convention  had  arrived. 


TUESDAY,  JULY  31,   1917.  133 


TUESDAY,  July  31,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

The  Secretary  announced  the  absence  of  the  President,  and 
stated  that  Mr.  Pillsbury  of  Wellesley  had  been  appointed  to 
perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  J.  Franklin  Knotts  of  Somerville, 
a  member  of  the  Convention. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  committees  on  Amendment  and   Codifica-  Reports  of 
tion  of  the  Constitution,  County  and  District  Government,  the  eS2Sio^es'~ 
Executive,   the  Judiciary,   Public   Affairs,   Social   Welfare,   State  of  time. 
Administration,    and    State    Administration    and    the    Executive 
(sitting  jointly)  be  granted  until  Tuesday,  August  7,  in  which 
to  report  on  the  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Ross  of  New  Bedford,  - 

Ordered,  That  Mr.  Walker  of  New  Bedford  be  granted  leave  George 
of  absence,  under  Rule  13,  because  of  duties  devolving  upon  Walker- 
him  as  a  member  of  a  draft-exemption  board. 

Mr.  Bartlett  of  Newburyport  asked  that  he  be  granted  leave  of  ^°rra,ce  I- 
absence  during  continuation  of  the  heated  term. 

Mr.  Carr  of  Hopkinton  asked  that  the  consideration  of  the 
request  be  postponed  until  to-morrow. 

The  Chair  (Mr.  Pillsbury)  stated  that  a  request  for  leave  of  5jjjjgbythe 
absence,  presented  in  person  by  a  member  on  the  floor  of  the  Con- 
vention, did  not  fall  within  the  requirement  of  Rule  37  that  "  any 
order  or  resolution  which  shall  be  proposed  for  adoption  shall  be 
postponed  until  the  next  session  "  at  the  request  of  a  member. 

The  request  of  Mr.  Bartlett  was  then  granted. 

On  motion  of  Mr.  Howard  of  Reading,  — 

Ordered,  That  Mr.  Newhall  of  Stoneham  be  granted  leave  of  Arthur  N. 
absence,  under  Rule  13,  because  of  duties  devolving  upon  him  as 
a  member  of  a  draft-exemption  board. 

Change  in  a  Committee  Reference. 

Mr.  Gates  of  Westborough,  for  the   committee  on  the  Exec-  District 
utive,  reported  asking  to  be , discharged  from  the  further  con-  |ttoI5J2Jent 
sideration  of  so  much  of  the  Resolution  relative  to  the  appoint- 
ment   of    the    Attorney-General    by    the    Governor    and    of   the 
district  attorneys  by  the  Attorney-General   (Doc.   No.   161)   as 
relates  to  the  appointment  of  district  attorneys,  and  recommend- 
ing that  the  same  be  referred  to  the  committee  on  County  and 
District  Government. 

The  report  was  read  and  accepted;  and  accordingly  reference 
was  made  as  recommended. 


134 


JOURNAL  OF  THE  CONVENTION, 


Next 
session. 


Adjournment  and  Hour  of  Meeting. 

Mr.  Powers  of  Newton  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Tuesday  next. 

After  debate  the  question  was  put,  and  103  members  voted 
in  the  affirmative  and  99  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer  of  Lynn;  and  on  the  roll  call 
120  members  voted  in  the  affirmative  and  130  in  the  negative, 
as  follows:  — 


YEAS. 


,  Adams,  Brooks 
Anderson,  George  W. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve,  Walter  L. 
Boyden,  Frank  L. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
CaUahan,  Timothy  F. 
Chandler,  Leonard  B. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coolidge,  Louis  A. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crobsy,  J.  Ho  well 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  William  R. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Dresser,  Frank  F. 


Messrs.  Driscoll,  Timothy  J. 
Ferry,  James  R. 
Flaherty,  William 
French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 
Giddings,  Charles 
Good,  John  P. 
Granfield,  WiUiam  J. 
Green,  Thomas  H. 
Hale,  Edward  R. 
HaU,  Frederick  S. 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Luce,  Robert 
Lummus,  Henry  T. 
Maguire,  James  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Merrill,  George  Frye 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
O'Connell,  Joseph  F. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Ray,  Herbert  L. 
Robinson,  George  H. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  J. 


TUESDAY,  JULY  31,   1917. 


135 


Messrs.  Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Twomey,  John  C. 
Walcott,  Robert 
Walsh,  David  I. 


Messrs.  Washburn,  Albert  H. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Whipple,  Sherman  L. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  J.  Warren 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brine,  Henry  C. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Carr,  Edward 
Chase,  Mial  W. 
Clark,  Ezra  W. 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Daley,  Peter 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Donoghue,  John  A. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Ellis,  Theodore  W. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 


Messrs.  Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Malone,  Dana 
Mansfield,  John  J. 
Martin,  Daniel  A. 
McCaffrey,  George  H.,  Jr. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murphy,  John  L. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  George  S. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbing,  Edward  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 


136 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  Shea,  John  M. 

Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 


Messrs.  Walker,  Joseph 

Washburn,  Charles  G. 
Waterman,  George  B. 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


120  yeas;  130  nays. 
Therefore  the  motion  of  Mr.  Powers  was  negatived. 


Daily  roll- 
call;  record  of 
absentees. 


Daily  Roll-Call  —  Record  of  Absentees. 

The  consideration  of  the  following  order,  offered  by  Mr.  French 
of  Randolph,  was  postponed  until  the  next  session,  at  the  re- 
quest of  Mr.  Lomasney  of  Boston:  — 

Ordered,  That,  on  and  after  Wednesday,  August  1,  there  shall 
be  a  roll-call  of  the  Convention  at  the  beginning  of  each  session, 
and  a  record  kept  of  the  absentees. 


Committee  on 
Leave  of 
Absence. 


Widow  of 
Walter  F. 
Russell  of 
Brockton. 


Liberty  of 
speech  and 
press. 


Committee  on  Leave  of  Absence. 

The  consideration  of  the  following  order,  offered  by  Mr.  French 
of  Randolph,  was  postponed  until  the  next  session,  at  the  re- 
quest of  Mr.  Malone  of  Greenfield:  — 

Ordered,  That  a  committee  of  five  on  Leave  of  Absence  be 
appointed  by  the  President,  to  which  applications  on  the  part  of 
members  for  leave  of  absence  shall  be  referred,  considered  and 
reported,  with  its  recommendations,  to  the  Convention;  and 
unless  excused  by  the  Convention  such  applicants  shall  be 
required  to  attend. 

Payment  to  the  Widow  of  Walter  F.  Russell. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  considered:  — 

Ordered,  That  there  be  allowed  and  paid  to  Abigail  A.  Russell, 
widow  of  Walter  F.  Russell  of  Brockton,  the  compensation  to 
which  he  would  have  been  entitled  as  a  member  of  the  Con- 
vention from  the  Tenth  Plymouth  Representative  District. 

After  debate  Mr.  Williams  of  Brookline  moved  that  the  order 
be  referred  to  the  committee  on  Contingent  Expenses  and  Pay- 
Roil;  and  this  motion  was  adopted. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  liberty  of  speech  and  of  the 
press  and  of  all  important  recognized  media  of  thought  trans- 
mission utilized  to  affect  public  opinion  (Doc.  No.  149)  was 
considered;  and  the  proposal  was  rejected,  as  recommended  by 
the  Committee  of  the  Whole. 


TUESDAY,  JULY  31,   1917. 


137 


Motion  to  Adjourn. 

Mr.   Sullivan  of  Salem  moved  that  the  Convention  adjourn.  Adjournment. 
The  question  was  put,  and  110  members  voted  in  the  affirmative 
and  106  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer  of  Lynn;  and  on  the  roll  call  116 
members  voted  in  the  affirmative  and  133  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  George  W. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Coclman,  James  M.,  Jr. 
Coleman,  George  W. 
Coolidge,  Louis  A. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crosby,  J.  Howell 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Driscoll,  Timothy  J. 
Ellis,  Theodore  W. 
Finn,  E.  Philip 
French,  Asa  P. 
Garland,  Francis  P. 
Giddings,  Charles 


Messrs.  Granfield,  William  J. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lbring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Wfflfred  W. 
Lummus,  Henry  T. 
Maguire,  James  E. 
Mancovitz,  David 
McAnarney,  John  W. 
Merriam,  John  M. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
O'Connell,  Joseph  F. 
Parker,  Herbert 
Parkman,  Henry 
Perry,  Augustus  W. 
Pillsbury,  Albert  E. 
Quinn,  Timothy  F. 
Robbins,  Edward  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  J. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Turner,  Joseph 


138 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Twomey,  John  C. 
Walcott,  Robert 
Walsh,  David  I. 
Washburn,  Albert  H. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 


Messrs.  Whipple,  Sherman  L. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Bailey,  J.  Warren 
Barnes,  Clarence  A. 
Bassett,  Edmund 
Bauer,  Ralph  S. 
/Bigney,  Robert  E. 
tBodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Daley,  Peter. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Fly/nn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 


.  Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hoitt,  Augustus  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M 
Jones,  George  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McCaffrey,  George  H.,  Jr 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Mitchell,  John 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murphy,  John  L. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  George  S. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robinson,  George  H. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shea,  John  M. 


TUESDAY,  JULY  31,   1917.  139 

Messrs.  Sherburne,  Nelson  Messrs.  Washburn,  Charles  G. 

Smith,  Jerome  S.  Waterman,  George  B. 

Sullivan,  Michael  A.  Webster,  Francis  E. 

Sullivan,  William  H.  Webster,  George  P. 

Sweeney,  Edward  A.  Wheeler,  William 

Sweet,  Joseph  L.  White,  John  A. 

Talbot,  Harry  R.  Whittier,  Eugene  P. 

Thompson,  John  L.  Willett,  George  Franklin 

Trefry,  WiUiam  D.  T.  Winslow,  Guy  M. 
Walker,  Joseph 

116  yeas;  133  nays. 
Therefore  the  motion  of  Mr.  Sullivan  was  negatived. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Jones  of  Melrose  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  Chair  (Mr.  Pillsbury  of  Wellesley)  appointed  Mr.  Jones 
as  chairman  of  the  Committee. 

Subsequently  Mr.  Jones,  for  the  Committee,  reported  that  the  Courts,  Tun- 
Resolution  limiting  the  power  of  the  courts  to  declare  statutes  2jtyo£utk 
to  be  unconstitutional  (Doc.  No.  47)  had  been  under  considera-  statutes. 
tion,  but  that  no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair  declared  a  recess  until  two   o'clock;    at  which    hour   the 
Convention  reassembled. 

On  motion  of  Mr.  Jones  of  Melrose  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  Chair  appointed  Mr.  Jones  as  chairman  of  the  Com- 
mittee. 

Subsequently  Mr.  Jones,  for  the  Committee,  reported  that  the  Capital 
Resolution  relative  to  capital  punishment  (Doc.  No.  31)  oirght  punis 
not  to  pass. 

Mr.  Jones  also  reported  that  the  Resolution  limiting  the  power  courts,  —  un 
of  the  courts  to   declare  statutes  to  be  unconstitutional   (Doc.  Sg^*00" 
No.  47)   had  been  under  consideration,  but  that  no  conclusion  statutes. 
was  reached. 


At  four  minutes  after  four  o'clock,  on  motion  of  Mr.  Bryant 
of  Milton  (Mr.  Pillsbury  being  in  the  chair),  the  Convention  ad- 
journed, to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


140 


JOURNAL   OF   THE   CONVENTION, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


Courts,  — 
unconstitu- 
tionality  of 
statutes. 


TUESDAY,  July  31,  1917. 


Mr.  Jones  of  Melrose  in  the  chair. 


The  Resolution  limiting  the  power  of  the  courts  to  declare 
statutes  to  be  unconstitutional  (Doc.  No.  47)  was  considered. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Luce 
of  Waltham  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


Quorum. 


Capital 
punishment. 


Courts,  — 
unconsti- 
tutionally of 
statutes. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Jones  being  in  the  chair. 

Mr.  Horgan  of  Boston  moved  that  the  Sergeant-at-Arms  be 
requested  to  secure  the  presence  of  a  quorum;  and  this  motion 
was  adopted. 

On  the  appearance  of  a  quorum  the  Resolution  relative  to 
capital  punishment  (Doc.  No.  31),  being  a  special  assignment  for 
two  o'clock  P.M.,  was  considered;  and  after  debate  the  Com- 
mittee voted  to  recommend  that  the  resolution  ought  not  to  pass. 

The  Resolution  limiting  the  power  of  the  courts  to  declare 
statutes  to  be  unconstitutional  (Doc.  No.  47)  was  then  con- 
sidered further. 

Mr.  Creamer  of  Lynn  moved  that  the  Committee  recommend 
that  the  resolution  be  recommitted  to  the  committee  on  the 
Judiciary,  with  instructions  to  divide  the  question  and  report  on 
each  paragraph. 

After  debate,  and  without  action  on  the  motion  of  Mr. 
Creamer,  Mr.  Luce  of  Waltham  moved  that  the  Committee  rise; 
and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


WEDNESDAY,  AUGUST  1,  1917.  141 


WEDNESDAY,  August  1,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Daily  Roll-Call  —  Record  of  Absentees. 

The  following  order,  offered  by  Mr.  French  of  Randolph,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered:  — 

Ordered,  That,  on  and  after  Wednesday,  August  1,  there  shall  Daily  roii- 

i  11        11      f  j.i       n  ±'  i        •       •  *  -          call;  record  of 

be  a  roll-call  or  the  Convention  at  the  beginning  or  each  session,  absentees. 
and  a  record  kept  of  the  absentees. 
After  debate  the  order  was  rejected. 

Committee  on  Leave  of  Absence. 

The  following  order,  offered  by  Mr.  French  of  Randolph,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
withdrawn  by  that  member,  there  being  no  objection:  — 

Ordered,  That  a  committee  of  five  on  Leave  of  Absence  be  committee  on 
appointed  by  the  President,  to  which  applications  on  the  part  of 
members  for  leave  of  absence  shall  be  referred,  considered  and 
reported,  with  its  recommendations,  to  the  Convention;  and 
unless  excused  by  the  Convention  such  applicants  shall  be 
required  to  attend. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  capital  punishment  (Doc.  No.  31) 
was  considered;  and  the  proposal  was  rejected,  as  recommended 
by  the  Committee  of  the  Whole. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Underbill  of  Somerville  the  Convention   re-  committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con-  the  whole- 
sidering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Underbill  to  take  the  chair. 

Subsequently  Mr.  Underbill,  for  the  Committee,  reported  that  Courts,— 
the  Resolution  limiting  the  power  of  the  courts  to  declare   stat-  SoSfty^f 
utes  to  be  unconstitutional  (Doc.  No.  47)  had  been  under   con-  statutes. 
sideration,  but  that  no  conclusion  was  reached. 

At  six  minutes  before  one  o'clock,  on  motion   of  Mr.  Bailey  of  Recess. 
Somerville,  recess  was  taken  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 


142 


JOURNAL   OF   THE   CONVENTION, 


Committee  of 
the  Whole. 


Courts,  — 
unconstitu- 
tionality  of 
statutes. 

Id. 


Id. 


Adjournment. 


On  motion  of  Mr.  Underbill  of  Somerville  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Underbill  to  take  the  chair. 

Subsequently  Mr.  Underbill,  for  the  Committee,  reported  that 
the  Resolution  limiting  the  power  of  the  courts  to  declare  statutes 
to  be  unconstitutional  (Doc.  No.  47); 

The  Resolution  to  prohibit  the  judiciary  from  nullifying  or 
suspending  laws  (Doc.  No.  97);  and 

The  Resolution  enlarging  the  power  of  a  minority  of  the  Su- 
preme Judicial  Court  in  construing  the  constitutionality  of  law 
(Doc.  No.  212),  — severally  ought  not  to  pass; 

And  the  resolutions  were  severally  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Adjournment. 

Mr.  Sullivan  of  Salem  moved  that,  when  the  Convention  ad- 
journs to-day,  it  adjourn  to  meet  on  Tuesday  next. 

Mr.  Bryant  of  Milton  moved  that  the  Convention  adjourn. 

The  question  was  put  on  the  motion  of  Mr.  Bryant,  that 
motion  having  precedence;  and  the  same  prevailed. 

Accordingly,  at  six  minutes  before  four  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Courts,  — 
unconstitu- 
tionally of 
statutes. 


WEDNESDAY,  August  1,  1917. 
Mr.  Underbill  of  Somerville  in  the  chair. 

The  Resolution  limiting  the  power  of  the  courts  to  declare 
statutes  to  be  unconstitutional  (Doc.  No.  47)  was  considered. 

After  debate  Mr.  Creamer  of  Lynn  withdrew  his  pending  mo- 
tion (that  the  committee  recommend  that  the  resolution  be  re- 
committed to  the  committee  on  the  Judiciary,  with  instructions 
to  divide  the  question  and  report  on  each  paragraph),  there  being 
no  objection. 

Mr.  Creamer  then  moved  that  the  resolution  be  amended  by 
striking  out  the  article  of  amendment  and  inserting  in  place 
thereof  the  following:  "No  law  duly  enacted  by  the  General 
Court  shall  be  nullified  as  unconstitutional  except  by  the  Su- 
preme Judicial  Court  with  the  concurrence  of  not  less  than  two- 
thirds  of  all  the  justices  thereof." 

After  further  debate,  and  without  action  on  the  amendment, 
Mr.  Anderson  of  Brookline  moved  that  the  Committee  rise;  and 
this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


WEDNESDAY,  AUGUST  1,  1917. 


143 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Underhill  being  in  the  chair. 

The  Resolution  limiting  the  power  of  the  courts  to  declare  Courts,— 
statutes  to  be  unconstitutional  (Doc.  No.  47)  was  considered  XoSty^ 
further.  statutes. 

After  debate  the  amendment  previously  moved  by  Mr.  Creamer 
was  rejected,  by  a  vote  of  37  to  137;  and  the  Committee  voted 
to  recommend  that  the  resolution  ought  not  to  pass. 

The   Resolution   to   prohibit  the  judiciary  from  nullifying   or  id. 
suspending  laws   (Doc.   No.  97)  was  considered;  and  the  Com- 
mittee voted  to  recommend  that  the  resolution  ought  not  to  pass. 

The  Resolution  enlarging  the  power  of  a  minority  of  the  Su-  id. 
preme  Judicial  Court  in  construing  the  constitutionality  of  law 
(Doc.   No.  212)   was  considered;    and  the  Committee  voted  to 
recommend  that  the  resolution  ought  not  to  pass. 

Mr.   Buttrick  of  Lancaster  then  moved  that  the  Committee 
rise;   and  this  motion  was  adopted. 
Accordingly  the  Committee  rose. 


144 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  August  2,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Public  use 
of  life  and 
property,  — 
reasonable 
compensation. 


Public  Use  of  Life  and  Property. 

A  communication  from  Conrad  W.  Crooker,  relative  to  pro- 
viding in  the  Constitution  a  declaration  that,  when  the  public 
exigencies  require  the  life,  liberty  or  property  of  an  individual  to 
be  appropriated  to  public  uses,  reasonable  compensation  shall  be 
given  by  the  public,  and  for  putting  that  declaration  into  prac- 
tice by  giving  reasonable  compensation  to  the  men  of  Massachu- 
setts who  are  to  fight  to  establish  a  world  democracy  and  to 
destroy  autocracy,  —  was  placed  on  file. 


District 
attorneys,  — 
appointment. 


Report  of  a  Committee. 

By  Mr.  Mancovitz  of  Boston,  for  the  committee  on  County 
and  District  Government,  that  so  much  of  the  Resolution  rela- 
tive to  the  appointment  of  the  Attorney-General  by  the  Governor 
and  of  the  district  attorneys  by  the  Attorney-General  (Doc.  No. 
161)  as  relates  to  the  appointment  of  district  attorneys  ought  not 
to  pass. 

The  report  was  read;  and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 


Quorum. 


Courts,  — 
unconstitu- 
tionally of 
statutes. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Mr.  Brown  of  Brockton  asked  for  a  count  of  the  Convention 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that  136 
members  were  present. 

On  motion  of  Mr.  Jones  of  Melrose  the  Sergeant-at-Arms  was 
instructed  to  secure  the  presence  of  -a  quorum. 

On  the  appearance  of  a  quorum  the  Resolution  limiting  the 
power  of  the  courts  to  declare  statutes  to  be  unconstitutional 
(Doc.  No.  47)  was  considered,  the  question  being  on  its  rejection, 
as  recommended  by  the  Committee  of  the  Whole. 

After  debate  the  sense  of  the  Convention  was  taken  by  yeas 
andjnays,  at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the 
roll  call  161  members  voted  in  the  affirmative  and  77  in  the 
negative,  as  follows:  — 


THURSDAY,  AUGUST  2,  1917. 


145 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Bailey,  Charles  O. 
Bailey,  J.  Warren 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boy  den,  Frank  L. 
Brine,  Henry  C. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Douglass,  John  J. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flye,  Louis  Edwin 
Foss,  George  H. 
French,  Asa  P. 
Garland,  Francis  P. 


Messrs.  Gates,  Joseph  S. 

Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  WiUiam  J. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Look,  WiUiam  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Maguire,  James  E. 
Malone,  Dana 
Mansfield,  John  J. 
Martin,  Daniel  A. 
McAnarney,  John  W. 
McCaffrey,  George  H.,  Jr. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 


146 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoneman,  David 
Silliyan,  Edmund  G. 
Sullivan,  Michael  A. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Anderson,  George  W. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bouve,  Walter  L. 
Boyer,  Elmer  E. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 


Messrs.  Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Wellman.  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Hart,  Albert  Bushnell 
Hicks,  George  H. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Myron,  John  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Stoeber,  Charles 
Sullivan,  William  H. 
Sullivan,  William  J. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  Joseph 
Walsh,  David  I. 
WTonson,  Carlton  W. 


161  yeas;  77  nays. 
Therefore  the  proposal  was  rejected. 


THURSDAY,  AUGUST  2,   1917.  147 

Resolutions  — 

To  prohibit  the  judiciary  from  nullifying  or  suspending  laws  Courts,— 

/TV  XT  xv     O7"*  .  unconstitu- 

(Doc.  No.  97);    and  tionaiityof 

Enlarging  the  power  of  a  minority  of  the  Supreme  Judicial  statutes. 

Court  in  construing  the  constitutionality  of  law  (Doc.  No.  212);  Id* 
Were  severally  considered;    and  the  proposals  were  severally 

rejected,  as  recommended  by  the  Committee  of  the  Whole. 

Committee  of  the  Whole. 

On   motion   of  Mr.   George  of  Haverhill  the   Convention  re-  Committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  con-  the  Whole- 
sidering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  George  to  take  the  chair. 

Subsequently  Mr.  George,  for  the  Committee,  reported  that,  on  Judges,  — 
the  petition  of  the  Massachusetts  State  Branch  of  the  American  electlon- 
Federation   of   Labor,    accompanied   by   Resolution   providing   a 
method  for  the  election  of  judges  (Doc.  No.  199),  the  petitioner 
have  leave  to  withdraw; 

Also   that   the   Resolution  relative   to   the  election   of  judges  id. 
(Doc.  No.  95); 

The  Resolution  relating  to  the  election  and  recall  of  judicial  id. 
officers  (Doc.  No.  200);    and 

The  Resolution  relative  to  authorizing  the  General  Court  to  id. 
provide  for  the  election  of  judges   (Doc.   No.   198),  —  severally 
ought  not  to  pass; 

And  the  petition  and  resolutions  were  severally  placed  in  the 
Orders  of  the  Day  for  the  next  session. 

Mr.  George  also  reported  that  the  Resolution  relative  to  the 
election  of  judges  by  the  people  (Doc.  No.  197)  had  been  under 
consideration,  but  that  no  conclusion  was  reached. 


Mr.   Kenny  of  Boston  moved  that  the  Convention  adjourn;  Adjournment, 
and  this  motion  was  adopted,  by  a  vote  of  83  to  54. 

Accordingly,  at  five  minutes  before  one  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 

THURSDAY,  August  2,  1917. 
Mr.  George  of  Haverhill  in  the  chair. 

The  Resolution  relative  to  the  election  of  judges  (Doc.  No.  95) 
was  considered;  and  the  Committee  voted  to  recommend  that 
the  resolution  ought  not  to  pass. 

The  petition  of  the  Massachusetts  State  Branch  of  the  Ameri-  I(L 
can  Federation  of  Labor,  accompanied  by  Resolution  providing  a 


148  JOURNAL  OF  THE  CONVENTION, 

• 

method  for  the  election  of  judges  (Doc.  No.  199),  was  consid- 
ered; and  the  Committee  voted  to  recommend  that  the  petitioner 
have  leave  to  withdraw. 

judges,—  The  Resolution  relating  to  the  election  and  recall  of  judicial 

officers  (Doc.  No.  200)  was  considered;  and  the  Committee 
voted  to  recommend  that  the  resolution  ought  not  to  pass. 

id.  The  Resolution  relative  to  authorizing  the  General  Court  to 

provide  for  the  election  of  judges  (Doc.  No.  198)  was  considered; 
and  the  Committee  voted  to  recommend  that  the  resolution 
ought  not  to  pass. 

id.  The  Resolution  relative  to  the  election  of  judges  by  the  people 

(Doc.  No.  197)  was  considered. 

After  debate,  and  without  action  on  the  resolution,  Mr.  James 
H.  Brennan  of  Boston  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


FRIDAY,  AUGUST  3,  1917.  149 


FRIDAY,  August  3,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Leave  of  Absence. 

On  motion  of  Mr.  Logan  of  Worcester,  — 

Ordered,  That  Mr.  Coe  of  Worcester  be  granted  leave  of  ab-  s.  Hamilton 
sence,  under  Rule  13,  because  of  illness.  Coe- 

On  motion  of  Mr.  Stoneman  of  Boston,  — 

Ordered,  That  Messrs.  Gallagher  of  Boston,  Pelletier  of  Boston  DanieU. 
and  Shanahan  of  Somerville  be  granted  leave  of  absence,  under  Ssepffcf' 
Rule  13,  for  the  purpose  of  attending  a  meeting  of  the  Supreme  ^g?tier  and 
Council,  Knights  of  Columbus,  to  be  held  in  Chicago  to  arrange  Shanahan. 
for  raising  a  fund  for  the  establishment  of  recreational  centers  at 
cantonments  and  National  Guard  camps. 

Reception  of  the  Belgian  Mission. 

On  motion  of  Mr.  Powers  of  Newton,  — 

Ordered,  That  a  committee  of  eleven  members  be  appointed 
to  wait  upon  His  Excellency  the  Governor,  and  upon  His  Ex- 
cellency Baron  Moncheur  and  his  distinguished  colleagues  of  the 
Extraordinary  Mission  of  the  Belgian  Nation,  and  inform  them 
that  the  Massachusetts  Constitutional  Convention  is  now  in 
session  and  requests  the  pleasure  and  the  honor  of  their  presence. 

The  President  appointed  as  the  committee  Messrs.  Powers  of 
Newton,  Lowe  of  Fitchburg,  Crosby  of  Arlington,  Fitz-Randolph 
of  Nantucket,  Coleman  of  Boston,  Bangs  of  Boston,  Ferrey  of 
Pittsfield,  Stoneman  of  Boston,  Wing  of  Dartmouth,  Harrington 
of  Fall  River  and  Lowell  of  Newton;  and  they  proceeded  to  the 
discharge  of  their  duty  under  escort  of  the  Sergeant-at-Arms. 

Soon  afterwards  Mr.  Powers,  for  the  committee,  reported  that 
they  had  attended  to  the  duty  assigned  them,  and  that  His 
Excellency  the  Governor  had  accepted  the  invitation  of  the 
Convention  for  himself  and  his  guests  and'  for  the  Envoys  and 
their  guests,  and  that  they  would  attend  upon  the  Convention 
forthwith. 

Thereupon  His  Excellency  the  Governor,  His  Honor  the 
Lieutenant-Governor,  His  Excellency  Baron  Moncheur  and  other 
members  of  the  Belgian  Mission,  the  Council,  and  His  Honor 
the  Mayor  of  Boston,  accompanied  by  various  civil  and  military 
officers,  entered  the  Convention  Chamber  under  escort  of  the 
Sergeant-at-Arms. 

His  Excellency  Samuel  W.  McCall,  Governor  of  the  Common- 
wealth, was  then  presented  to  the  Convention,  and  spoke  as  fol- 
lows: — 


150  JOURNAL  OF  THE  CONVENTION, 

Address  of  His        MR.  PRESIDENT,  YOUR  EXCELLENCY:  —  I  have  the  honor  to 

iiixcellency  the     i     •         «     •  •&  ^       -n        »  i 

Governor.  bring  before  you,  Mr.  President,  for  presentation  to  the  Conven- 
tion, the  special  Envoys  from  the  King  of  Belgium  to  the  United 
States.  At  a  time  when  thrones  are  tumbling  and  when  anarchy 
and  dictatorships  are  rising  upon  the  ruins  of  once  mighty  na- 
tions, there  is  one  throne  in  the  world  that  is  secure,  because  its 
foundations  are  deeply  laid  in  the  hearts  of  the  Belgian  people. 

Attacked  by  the  greatest  armed  power  in  the  world  and  dis- 
possessed of  his  entire  kingdom,  excepting  only  a  few  square 
miles  of  territory,  he  has  maintained  upon  that  narrow  domain  a 
greatness  of  soul  and  a  kingly  determination  which  would  do 
honor  to  the  mightiest  of  monarchs.  As  the  King,  so  the 
people.  Inhabiting  a  strategic  land,  over  which  great  nations 
fly  at  each  other's  throats  and  where  the  destinies  of  the  world 
have  been  shaped  and  settled,  so  far  as  they  may  be  settled,  for 
more  than  once,  this  people  extorted  the  praise  of  the  greatest 
captain  of  ancient  times  and  they  have  maintained  their  renown 
for  valor  down  to  this  very  day. 

The  gross  injustice  of  which  Belgium  was  made  the  victim  has 
excited  the  compassion  of  the  whole  civilized  world.  It  has 
called  into  being  a  moral  force  more  potent  than  that  found  in 
armies,  a  force  that  it  is  madness  ever  to  invoke  and  that  it  is 
impossible  in  the  long  reaches  of  time  successfully  to  resist. 

The  cause  of  Belgium  has  become  the  cause  of  all  the  free  and 
independent  nations,  and  it  has  profoundly  excited  the  com- 
passion and  tenderness  of  the  people  of  the  United  States  from 
one  coast  to  the  other.  It  is  an  ancient  political  doctrine  of  our 
country  that  questions  relating  to  the  boundaries  and  to  the 
systems  of  government  of  the  nations  upon  this  continent  are 
American  questions,  to  be  settled  by  the  self-governing  peoples  of 
this  hemisphere  without  any  influence  or  control  from  the  nations 
beyond  the  seas.  A  due  regard  for  that  doctrine  imposes  upon  us 
a  scrupulous  respect  for  the  corresponding  right  of  the  nations  of 
Europe  to  adjust  their  own  frontiers  and  to  exercise  that  basic 
and  inherent  right  of  all  nations  to  adopt  their  own  form  of 
government.  It  is  for  the  nations  of  Europe,  for  instance,  to 
determine  whether  those  recently  lost  provinces  of  France  which 
were  hers  for  generations  shall  be  restored  to  her  again,  and 
whether  there  shall  now  be  driven  forever  from  the  European 
shores  of  the  Bosphorus  that  unspeakable  power  whose  dragon 
form  fouls  the  splendor  of  the  sun.  These  questions  are  for  the 
European  nations  to  settle.  But  whatever  may  have  been  our 
separate  and  legitimate  cause  for  entering  upon  this  war,  and 
whatever  part  we  may  play  in  adjusting  the  terms  of  the  treaty 
of  peace  —  which  we  may  hope  will  come  before  the  plains  of 
Europe  become  the  grave  of  the  white  races  and  the  grave  also 
of  their  civilization  —  yet  this  war  would  have  a  lamentable  and 
a  tragic  outcome  for  us  if  it  did  not  result  in  the  complete 
restoration  of  the  Belgian  kingdom.  And  if  the  invader  shall 
have  been  made  too  impoverished  to  repair  the  destruction 
wrought  by  his  own  vandalism,  I  believe  that  the  people  of 
America  will  be  proud  to  do  their  share  in  rebuilding  a  newer  and 
a  greater  Belgium. 


FKIDAY,  AUGUST  3/1917.  151 

Mr.  President,  it  is  a  profoundly  interesting  event  for  this 
Constitutional  Convention  to  receive  the  representatives  of  a 
great  King  and  of  an  heroic  people.  There  is  no  spot  upon  the 
globe  where  they  will  receive  a  warmer  welcome  than  upon  the 
soil  of  Massachusetts,  and  it  is  fitting  that  the  chosen  representa- 
tives of  the  people  of  the  Commonwealth  should  extend  their 
welcome  to  the  Belgian  Envoys. 

President  John  L.  Bates  then  spoke  as  follows:  — 

YOUR  EXCELLENCY,  YOUR  HONOR:  —  On  behalf  of  the  Conven-  Address  of 
tion  I  thank  you  both  for  bringing  here  the  distinguished  guests 
of  the  state  and  of  the  city.     It  has  been  a  great  pleasure,  sirs,  for 
us  to  have  the  opportunity  of  meeting  them,  remembering  the 
nation  that  they  represent  and  all  for  which  it  stands  at  this  hour. 

Your  Excellency,  it  gives  me  great  pleasure  on  behalf  of  these 
representatives  of  Massachusetts  to  join  in  the  welcome  that  His 
Excellency  the  Governor  has  extended  to  you.  It  is  a  welcome 
that  is  a  warm  welcome  because  it  comes  from  the  very  depths  of 
the  human  heart.  You  find  us  here  seemingly  in  peaceful  de- 
liberation over  the  principles  which  we  regard  as  fundamentally 
necessary  to  maintain  and  perpetuate  the  rights  and  the  liberties  of 
men.  But,  Sir,  it  has  always  been  true  that  Massachusetts  has 
been  ready  to  unsheathe  the  sword  for  the  vindication  of  those 
principles  in  which  she  believes.  And  while  we  here  are  in  peace- 
ful deliberation  over  the  great  principles  for  which  your  people 
have  been  so  gallantly  fighting,  our  boys,  too,  are  girding  on  the 
sword  and  buckling  on  the  armor  to  the  end  that  they  may  take  their 
part  in  this  greatest  of  all  causes  that  the  world  has  ever  known. 

We  welcome  you,  Sir,  as  friends.  We  welcome  you  as  allies. 
We  welcome  you  because  you  have  the  same  enemy  that  we 
have.  We  have  read  the  distressing  story  of  how  that  enemy, 
without  warning,  without  provocation  and  without  excuse,  has 
desolated  your  fair  land  and  seeks  now  to  divide  its  green 
fields  and  its  blue  coasts  as  spoils  of  war.  With  you,  Sir,  we 
shall  seek  to  circumvent  the  designs  of  that  enemy.  That  enemy 
seeks  to  establish  the  idea  that  the  individual  exists  only  for  the 
welfare  of  the  government.  We  seek  to  establish  throughout  the 
world  the  idea  that  governments  have  no  excuse  for  existence 
except  as  they  exist  for  the  welfare  of  the  individual. 

Our  common  enemy  maintains  that  might  makes  right,  but  we 
have  an  unfaltering  faith  that  in  the  end  it  will  appear  that  right 
has  made  might.  We  recognize  that  today  wrong  may  be  upon 
the  throne  and  that  truth  may  be  upon  the  scaffold,  but  there 
comes  another  tomorrow  and  in  that  tomorrow  wrong  shall  be 
abased  and  truth  shall  be  exalted.  Your  enemy  shall  stand  as  a 
trembling  culprit  before  the  bar  of  nations,  but  Belgium  shall 
receive  a  crown  of  exceeding  glory  because  it  had  the  courage  and 
that  high  ideal  of  faith  that  enabled  it  to  discharge  its  duty  to 
mankind  by  opposing  its  living  wall  of  flesh  and  its  rivers  of 
blood  to  the  onward  progress  of  the  vandals  that  sought  the 
destruction  of  Christian  civilization.  We  believe,  Sir,  that  even 
as  the  story  has  been  told  for  twenty  centuries  and  more  of  how 
the  brave  Spartans  kept  the  pass  at  Thermopylae  against  the 
hordes  that  sought  to  destroy  the  civilization  of  that  day,  so  for 


152 


JOURNAL  OF  THE  CONVENTION. 


Address  of  His 
Excellency 
Baron 
Moncheur. 


twenty  centuries  and  more  yet  to  come  it  shall  be  told  among 
men  and  the  praises  of  the  Belgians  shall  be  sung  because  they 
too  have  kept  the  pass  and  saved  the  civilization  of  the  present 
day. 

On  behalf,  then,  Sir,  of  this  Convention  of  Massachusetts,  take 
back  this  message  to  your  noble  King.  Tell  him  that  Massa- 
chusetts, that  owes  allegiance  to  no  man  but  to  principle  ever, 
holds  him  in  the  highest  regard  and  esteem  because  in  the  hour 
of  the  great  crisis  he  has  shown  an  unquenchable  spirit,  and  a 
self-sacrifice  and  devotion  in  the  service  of  his  stricken  people 
that  marks  him,  indeed,  a  king  among  men.  And  take  back  to 
your  struggling  people  this  message  also  from  Massachusetts. 
Massachusetts,  that  is  never  so  happy  as  when  she  is  seeking  to 
right  the  wrongs  of  mankind,  is  happy  today  because  she  is  en- 
gaged in  the  great  conflict  shoulder  to  shoulder  with  Belgium  and 
with  France,  with  England  and  Italy  and  Russia,  and  we  are  all 
facing  one  way.  It  has  come  to  pass  that  our  young  men  are 
already  three  thousand  miles  on  the  way  to  Berlin,  and  we  do 
not  propose  that  they  shall  stop  until  it  shall  appear  that  the 
despotism  that  threatens  humanity  has  been  overthrown,  that  the 
faith  of  nations  has  been  justified,  that  Belgium  has  been  restored 
to  her  "place  in  the  sun,"  and  that  the  great  principles  for  which 
she  has  fought  and  suffered  so  much  have  become  the  controlling 
principles  of  all  the  nations  of  the  earth. 

Gentlemen  of  the  Convention,  it  gives  me  a  rare  pleasure  to 
present  to  you  the  head  of  the  Belgian  Envoys,  His  Excellency 
Baron  Moncheur. 

Response  was  made  by  His  Excellency  Baron  Moncheur,  as 
follows:  — 

MR.  PRESIDENT,  YOUR  EXCELLENCY,  YOUR  HONOR,  GENTLE- 
MEN OF  THE  CONVENTION:  —  On  behalf  of  my  colleagues  and 
myself  I  thank  you  not  only  for  your  cordial  reception  and  for 
your  hearty  words  of  welcome,  but  also  for  the  sympathetic 
thought  which  has  inspired  you  to  invite  us  to  celebrate  within 
your  hospitable  gates  the  third  anniversary  of  the  commence- 
ment of  the  war. 

May  there  never  be  again  such  an  anniversary,  and  may  there 
never  be  again  such  a  war.  Indeed  we  feel  confident  that  vic- 
tory is  now  in  sight  and  that  the  world  shall  again  enjoy  a  long 
reign  of  peace.  For  America  has  bared  her  mighty  arm  and  she 
will  not  again  sheathe  the  sword  until  right  and  justice  are  vin- 
dicated and  the  world  made  safe  for  all  honest  nations. 

We  have  a  right  to  celebrate  this  third  anniversary  with  re- 
joicing, for  the  third  year  of  the  war  is  America's  year  —  the 
year  in  which  your  great  republic  has  thrown  her  mighty  sword 
into  the  scales  —  the  year  which  makes  certain  the  triumph  of 
liberty  and  of  final  overthrow  of  military  autocracy.  That  is  an 
end  worth  waiting  for,  worth  fighting  for,  worth  all  the  sacrifices 
that  have  been  made  and  that  are  still  to  be  made.  For  life  is 
not  so  dear,  nor  peace  so  sweet,  as  to  be  purchased  at  the  price 
of  chains  and  liberty. 

It  is  a  great  privilege  to  be  able  to  celebrate  this  anniversary 
within  the  borders  of  your  Commonwealth,  which  is  so  identified 


I 


FRIDAY,  AUGUST  3,  1917.  153 

with  the  cause  of  human  freedom,  and  almost  within  the  shadow 
of  Faneuil  Hall,  which  your  great  fellow  citizen,  Webster,  has 
called  "The  Cradle  of  American  Liberty"! 

We  have  come  to  America  at  our  King's  behest  to  express  to 
the  government  of  the  United  States,  and  through  it  to  all  the 
people  of  your  great  and  noble  nation,  the  gratitude  of  our 
sovereign  and  of  every  Belgian  for  all  that  you  have  done  in  the 
past  and  for  all  that  you  are  now  doing  to  alleviate  the  sufferings 
of  our  people,  and  for  all  that  you  are  about  to  do  to  aid  us  win 
back  our  independence.  We  count  ourselves  fortunate  to  be  able 
to  come  in  person  to  Boston  and  to  have  the  opportunity  of 
thanking  you  with  our  own  lips  for  your  generosity  and  for  your 
sympathy  and  help.  And  it  is  a  special  privilege  to  have  the 
honor  of  expressing  these  sentiments  to  this  distinguished  Con- 
vention. 

Three  years  ago  today,  August  the  third,  1914,  my  country 
was  free.  On  the  second  of  August,  in  the  evening,  my  govern- 
ment had  received  a  most  insulting  ultimatum  from  Germany, 
demanding  unimpeded  passage  for  her  troops  and  offering  a  bribe 
to  sell  our  honor  and  to  disregard  our  plighted  word.  We  were 
given  twelve  hours  within  which  to  reply.  The  time  was  more 
than  enough.  Yes,  there  could  be  only  one  answer.  The  King 
summoned  his  cabinet  and  his  ministers  of  state.  They  were  all 
of  one  mind.  In  fact,  there  was  absolute  unanimity  of  thought 
in  every  Belgian  mind,  and  there  was  not  a  dissenting  voice  in 
the  council  of  the  King.  Belgium's  reply  was  sent  to  the  German 
legation  by  seven  o'clock  in  the  morning  of  August  the  third. 
You  all  know  the  substance  of  that  reply.  One  sentence  of  the 
document  reads:  "The  Belgian  government,  if  they  were  to 
accept  the  proposals  submitted  to  them,  would  sacrifice  the  honor 
of  the  nation  and  betray  their  duties  toward  Europe."  Neither 
Belgium's  liberty  nor  her  honor  were  for  sale. 

This  day  three  years  ago  was  an  anxious  day  in  Belgium.  We 
asked  the  diplomatic  support  of  the  powers  who  had  guaranteed 
our  neutrality,  but  we  asked  their  diplomatic  support  only.  A 
request  for  military  support  was,  after  careful  consideration, 
deliberately  deferred  until  Germany  should  have  consummated 
her  crime  by  sending  troops  into  our  territory.  We  were  careful 
to  give  her  no  pretext  whatever  for  claiming  that  we  had  violated 
our  neutral  obligations  in  favor  of  her  enemies  until  she  had 
actually  consummated  her  threatened  crime. 

The  third  of  August  was  therefore  a  day  of  anxious  waiting; 
but  at  half-past  nine  on  the  morning  of  the  fourth  we  received  a 
telegram  that  Belgian  territory  had  been  violated  by  German 
troops  at  Gemnenich,  a  little  village  close  to  the  frontier  and  a 
few  miles  from  Aix-la-Chapelle.  The  invading  forces  had  been 
met  by  Belgian  gendarmes  on  guard  at  this  frontier  post.  Blood 
had  flowed;  the  die  was  cast. 

You  all  know  what  has  happened  since  that  fateful  day  three 
years  ago.  My  country  has  been  ravaged  with  fire  and  sword. 
Old  men,  women  and  children  have  been  deliberately  and  ruth- 
lessly massacred.  Our  raw  materials  and  our  crops  have  been 
seized  without  payment,  our  factories  have  been  destroyed,  our 


154  JOURNAL  OF  THE  CONVENTION, 

machinery  has  been  stolen  and  sent  into  Germany;  and,  crown- 
ing infamy  of  the  centuries,  our  workmen  have  been  torn  from 
their  homes  and  sent  into  slavery.  The  Belgian  people  still 
stand  caged  behind  steel  bars,  formed  of  German  bayonets. 
Those  who  have  escaped  fire  and  sword  and  nameless  evils  are 
still  hungry,  famished  and  enslaved,  ground  down  beneath  the 
heel  of  the  tyrant.  But  their  courage  remains  unbroken  and 
unbreakable. 

No  true-hearted  Belgian  regrets  the  decision  which  was  made 
three  years  ago.  They  are  ready  to  lay  down  their  lives  for 
liberty.  They  know  that  in  the  end  justice  will  triumph.  As 
our  King  said  three  years  ago,  "A  country  which  defends  itself 
commands  the  respect  of  all  the  world  and  cannot  perish!" 

Through  all  our  trials  and  sufferings  the  American  nation  has 
been  our  constant  and  unfailing  friend.  You  have  clothed  the 
naked  and  fed  the  hungry.  Above  all,  you  have  given  us  your 
sympathy  and  your  support.  And  now  you  are  doing  still  more. 
You  are  sending  us  the  flower  of  your  youth  to  fight  shoulder  to 
shoulder  with  our  troops  in  the  great  battle  for  the  freedom  of 
the  world.  You  have  been  our  friends.  Now  you  are  more  than 
our  friends  —  you  are  our  allies  and  our  brothers  in  arms.  Your 
people  are  animated  by  the  spirit  of  the  men  who  fought  at 
Lexington,  Concord  and  Bunker  Hill.  You  are  not  fighting  for 
aggrandizement  nor  for  gain;  you  are  fighting  for  our  liberty, 
.  for  your  own  liberty,  and  for  the  liberty  of  the  world.  It  must 
be  a  fight  to  the  finish,  and  the  finish  must  be  right.  Military 
autocracy  must  be  crushed  down  —  crushed  that  it  will  never 
again  be  able  to  disturb  the  peace  of  the  world.  May  that  day 
soon  come  when  we  shall  together  acclaim  the  triumph  of  our 
common  cause. 

His  Excellency,  His  Honor,  Baron  Moncheur,  the  Mayor  and 
other  guests  then  withdrew.  The  President  announced  that  op- 
portunity would  immediately  be  given  the  members  to  greet  in 
person  the  distinguished  guests  in  Memorial  Hall. 

On  motion  of  Mr.  Powers  of  Newton  the  addresses  of  the 
Governor,  the  President  and  Baron  Moncheur  were  ordered 
printed  as  a  part  of  the  records  of  the  Convention. 

Subsequently  the  Secretary  received  a  communication  from  His 
Excellency  Baron  Moncheur  "deeply  appreciating  the  sympa- 
thetic sentiments  displayed  by  the  Constitutional  Convention  in 
voting  to  include  my  remarks  in  the  records  of  the  Convention". 


At  twenty-seven  minutes  after  eleven  o'clock,  on  motion  of 
Mr.  Underbill  of  Somerville,  the  Convention  adjourned,  to  meet 
on  Tuesday  next  at  half-past  ten  o'clock  A.M. 


TUESDAY,  AUGUST  7,  1917.  155 


TUESDAY,  August  7,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
member  of  the  Convention. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Luce  of  Waltham,  - 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  the  Judiciary,  Public  Affairs,  Social  Welfare, 
State  Administration,  and  State  Administration  and  the  Execu-  time 
tive   (sitting  jointly)   be  granted  until  Tuesday,   August   14,   in 
which  to  report  on  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Hicks  of  Fall  River,  — 

Ordered,  That  Mr.  Whitehead  of  Fall  River  be  granted  leave  James 
of  absence,  under  Rule  13,  because  of  duties  devolving  upon  him  Whltehead- 
as  a  member  of  a  draft-exemption  board. 

On  motion  of  Mr.  Cusick  of  Boston,  — 

Ordered,  That  Mr.  Merriam  of  Framingham  be  granted    leave  johnM. 
of  absence,  under  Rule  13,  because  of  duties  devolving  upon  him  Merriam- 
as  a  member  of  a  draft-exemption  board. 

Committee  Discharged. 

Mr.  Gates  of  Westborough,  for  the  committee  on  the  Executive,  Attorney- 
reported   asking  to   be   discharged    from    the   further    considera-  ^"o^mT 
tion  of  so  much  of  the  .Resolution-  relative  to  the  appointment  by  the  GOV 
of  the   Attorney-General   by   the   Governor  and   of  the   district  er 
attorneys  by  the  Attorney-General  (Doc.  No.  161)  as  relates  to 
the  appointment  of  the  Attorney-General  by  the  Governor,  and 
recommending  that  the  same  be  referred  to  the  committees  on 
State   Administration   and   the   Executive,   sitting  jointly. 

The  report  was   read  and  accepted;    and  accordingly  reference 
was  made  as  recommended. 

Orders  of  the  Day. 

The   Convention   then  proceeded   to  the  consideration   of  the 
Orders  of  the  Day. 

Resolutions  — 

Relative  to  the  election  of  judges  (Doc.  No.  95); 
Relating  to  the  election  and  recall  of  judicial  officers  (Doc.  No.  id. 
200);   and 


156 


JOURNAL  OF  THE  CONVENTION, 


Judges,  - 
election. 


Id. 


Relative  to  authorizing  the  General  Court  to  provide  for  the 
election  of  judges  (Doc.  No.  198); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 

The  petition  of  the  Massachusetts  State  Branch  of  the  Ameri- 
can Federation  of  Labor,  accompanied  by  Resolution  providing  a 
method  for  the  election  of  judges  (Doc.  No.  199),  was  considered; 
and  the  petitioner  was  given  leave  to  withdraw,  as  recommended 
by  the  Committee  of  the  Whole. 


Committee  of 
the  Whole. 


Judges,  — 
election. 


Judges,  — 
tenure. 


Id. 


Id. 


Id. 


Judges,  — 
confirmation. 

Judges,  — 

salaries. 

General 
Court,  — 
powers. 
Rights  of 
the  people. 


Judges,  — 
tenure,  etc. 


Prompt 
remedy  in 
law. 


Poor  debtors, 
—  imprison- 
ment. 


State 

departments, 
—  ordinances. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Curtis  to  take  the  chair. 

Subsequently  Mr.  Curtis,  for  the  Committee,  reported  that  the 
Resolution  relative  to  the  election  of  judges  by  the  people  (Doc. 
No.  197); 

The  Resolution  relative  to  limiting  the  tenure  of  judicial  officers 
to  ten  years  (Doc.  No.  194); 

The  Resolution  providing  for  the  appointment  of  judges  for 
specific  terms  (Doc.  No.  193); 

The  Resolution  relative  to  the  appointment  of  judicial  officers 
for  a  term  of  seven  years  (Doc.  No.  192); 

The  Resolution  relative  to  the  tenure  of  office  of  the  judiciary 
(Doc.  No.  191); 

The  Resolution  to  provide  for  the  confirmation  of  judicial  ap- 
pointments by  other  than  a  political  body  (Doc.  No.  201); 

The  Resolution  relative  to  the  salaries  of  judicial  officers  (Doc. 
No.  91); 

The  Resolution  relative  to  prohibiting  the  delegation  of  its 
powers  by  the  General  Court  (Doc.  No.  171); 

The  Resolution  providing  that  the  enumeration  of  rights  shall 
not  impair  or  deny  other  rights  of  the  people  (Doc.  No.  147),  — 
severally  ought  not  to  pass; 

Also  that  the  proponent  of  the  Resolution  providing  for  the  ap- 
pointment, removal  and  retirement  of  judges  and  their  tenure  of 
office  (Doc.  No.  96)  have  leave  to  withdraw  the  same; 

Also  that  no  action  is  necessary  on  the  order  relative  to  the 
expediency  of  so  revising  the  Constitution  as  to  give  efficacy  to 
the  eleventh  article  of  the  Declaration  of  Rights,  granting  the 
subject  a  certain  remedy  in  law,  promptly  and  without  delay; 
and  on 

The  order  relative  to  further  protection  in  the  Bill  of  Rights 
against  unjust  and  oppressive  imprisonment  of  poor  debtors; 

And  the  resolutions  and  orders  were  severally  placed  in  the 
Orders  of  the  Day  for  the  next  session. 

Mr.  Curtis  also  reported  that  the  Resolution  relative  to  the 
issuing  of  ordinances  by  departments,  commissions,  boards  and 
other  administrative  agencies  (Doc.  No.  269)  had  been  under 
consideration,  but  that  no  conclusion  was  reached. 


TUESDAY,  AUGUST  7,  1917.  157 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston  the  Convention  Committee 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  ° 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Curtis  to  take  the  chair. 

Subsequently  Mr.  Curtis,  for  the  Committee,  reported  recom-  state  depart- 
mending  that  the  Resolution  relative  to  the  issuing  of  ordinances 
by  departments,  commissions,   boards  and  other  administrative 
agencies    (Doc.   No.   269)    be  committed   to   the   committees   on 
State  Administration  and  the  Executive,  sitting  jointly. 

The  question  on  this  recommendation  was  put  forthwith,  and 
it  was  adopted;  and  accordingly  the  resolution  was  committed  as 
recommended. 

Mr.  Curtis  also  reported  that  the  Resolution  to  provide  for  the  Federal 
submission  to  the  people  of  amendment  or  amendments  to  the  - 
Constitution  of  the  United  States  before  any  action  can  be  taken  ments- 
thereon  by  the  General  Court  (Doc.  No.  93)  ought  not  to  pass; 
and  the  resolution  was  placed  in  the  Orders  of  the  Day  for  the 
next  session. 

Mr.   Curtis  also  reported  that  the  Resolution  to  provide  for  initiative  and 
establishing  the  initiative  and  referendum  (Doc.   No.   335)   had  re 
been  under  consideration,  but  that  no  conclusion  was  reached. 


At  five  minutes  before  four  o'clock,  on  motion  of  Mr.  Dennis 
D.  Driscoll  of  Boston,  the  Convention  adjourned,  to  meet  to- 
morrow at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


TUESDAY,  August  7,  1917. 
Mr.  Edwin  U.  Curtis  of  Boston  in  the  chair. 


Resolutions  — 

Relative  to  the  election  of  judges  by  the  people  (Doc.  No.  197);  judges,— 

Relative  to  limiting  the  tenure  of  judicial  officers  to  ten  years  election- 
(Doc.  No.  194);  £*£- 

Providing   for   the   appointment   of   judges   for   specific   terms  Id 
(Doc.  No.  193); 

Relative  to  the  appointment  of  judicial  officers  for  a  term  of  id. 
seven  years  (Doc.  No.  192) ; 

Relative  to  the  tenure  of  office  of  the  judiciary  (Doc.  No.  191);  Id 

To  provide  for  the  confirmation  of  judicial  appointments  by  Judges,  — 
other  than  a  political  body  (Doc.  No.  201);  confirmation. 


158 


JOURNAL  OF  THE  CONVENTION, 


Judges,  — 

salaries. 

General 

Court,  — 

powers. 

Rights  of  the 

people. 


Judges,  — 
tenure,  etc. 


Prompt 
remedy  in 
law. 


Poor  debtors,  • 
imprisonment. 


State  depart- 
ments, — 
ordinances. 


Relative  to  the  salaries  of  judicial  officers  (Doc.  No.  91); 

Relative  to  prohibiting  the  delegation  of  its  powers  by  the 
General  Court  (Doc.  No.  171); 

Providing  that  the  enumeration  of  rights  shall  not  impair  or 
deny  other  rights  of  the  people  (Doc.  No.  147); 

Were  severally  considered;  and  the  Committee  voted,  in  each 
instance,  to  recommend  that  the  resolution  ought  not  to  pass. 

The  Resolution  providing  for  the  appointment,  removal  and 
retirement  of  judges  and  their  tenure  of  office  (Doc.  No.  96) 
was  considered;  and  the  Committee  voted  to  recommend  that 
the  proponent  have  leave  to  withdraw  the  same. 

The  order  relative  to  the  expediency  of  so  revising  the  Con- 
stitution as  to  give  efficacy  to  the  eleventh  article  of  the  Decla- 
ration of  Rights,  granting  the  subject  a  certain  remedy  in  law, 
promptly  and  without  delay;  and 

The  order  relative  to  further  protection  in  the  Bill  of  Rights 
against  unjust  and  oppressive  imprisonment  of  poor  debtors; 

Were  severally  considered;  and  the  Committee  voted,  in  each 
instance,  to  recommend  that  no  action  is  necessary. 

The  Resolution  relative  to  the  issuing  of  ordinances  by  depart- 
ments, commissions,  boards  and  other  administrative  agencies 
(Doc.  No.  269)  was  considered. 

Mr.  Luce  of  Waltham  moved  that  the  Committee  recommend 
that  the  resolution  be  committed  to  the  committees  on  State 
Administration  and  the  Executive,  sitting  jointly. 

After  debate,  and  without  action  on  the  motion,  Mr.  Wash- 
burn  of  Worcester  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


Quorum. 


State  depart- 
ments, — 
ordinances. 


Federal 
Constitution, 
—  amend- 
ments. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Curtis  being  in  the  chair. 

Mr.  Brown  of  Brockton  asked  for  a  count  of  the  Committee  to 
ascertain  if  a  quorum  was  present.  A  count  showed  that  78 
members  were  present. 

On  motion  of  the  same  member  the  Sergeant-at-Arms  was 
instructed  to  secure  the  presence  of  a  quorum. 

On  the  appearance  of  a  quorum  the  Resolution  relative  to  the 
issuing  of  ordinances  by  departments,  commissions,  boards  and 
other  administrative  agencies  (Doc.  No.  269)  was  considered 
further. 

After  debate  the  foregoing  pending  motion  of  Mr.  Luce  was 
adopted,  by  a  vote  of  131  to  101. 

The  Resolution  to  provide  for  the  submission  to  the  people  of 
amendment  or  amendments  to  the  Constitution  of  the  United 
States  before  any  action  can  be  taken  thereon  by  the  General 
Court  (Doc.  No.  93)  was  considered;  and  the  Committee  voted 
to  recommend  that  the  resolution  ought  not  to  pass. 


TUESDAY,  AUGUST  7,  1917. 


159 


The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Hale 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


160 


JOURNAL  OF   THE   CONVENTION, 


WEDNESDAY,  August  8,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

The  Secretary  announced  the  temporary  absence  of  the  Presi- 
dent, and  stated  that  Mr.  Kenefick  of  Palmer  had  been  ap- 
pointed to  perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  Arcturus  Z.  Conrad,  D.D.,  of  Boston. 


Petition. 

Public^  A  petition  of  the  Third  Baptist  Church  of  Fall  River  in  aid  of 

Appropriations,  the  Resolution  to  prohibit  the  support  of  sectarian  institutions 
from  public  funds  (Doc.  No.  66)  and  protesting  against  the  sub- 
stitution of  any  amendment  prohibiting  appropriations  of  public 
money  to  private  institutions,  was  placed  on  file. 

Leave  of  Absence. 

On  motion  of  Mr.  Crosby  of  Arlington,  — 

Asa  P.  French.  Ordered,  That  Mr.  French  of  Randolph  be  granted  leave  of 
absence,  under  Rule  13,  because  of  duties  devolving  upon  him  as 
a  member  of  a  draft-exemption  board. 

On  motion  of  Mr.  Harriman  of  New  Bedford,  - 
Ordered,   That  Mr.   O'Connell   of   Salem   be  granted  leave   of 
absence,  under  Rule  13,  from  August  14  to  17,  inclusive. 

On  motion  of  Mr.  Bullock  of  New  Bedford,  — 

Ordered,  That  Mr.  Doran  of  New  Bedford  be  granted  leave  of 

absence,  under  Rule  13,  because  of  duties  devolving  upon  him  as 

a  member  of  a  district-exemption  board. 


John  P. 
O'Connell. 


James  P. 
Doran. 


Initiative 
and  referen- 
dum, — 
minority 
views. 


Natural 
resources, 
—  public 
interest. 


Views  on  the  Initiative  and  Referendum. 

The  following  order,  offered  by  Mr.  Hale  of  Boston,  was  re- 
ferred, under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,  That  two  thousand  additional  copies  of  Convention 
Document  No.  343,  being  the  minority  report  on  the  subject  of 
the  initiative  and  referendum,  be  printed;  and  that  the  text  of 
said  document  be  included  in  the  volume  of  reported  Debates 
of  the  Convention. 

Report  of  a  Committee. 

By  Mr.  Anderson  of  Brookline,  for  the  committee  on  Public 
Affairs,  that  the  Resolution  (recommitted)  relative  to  the  public 
interest  in  natural  resources  (Doc.  No.  321)  ought  to  pass  in  a 
new  draft  with  the  same  title  (Doc.  No.  344)  [Mr.  Clapp  of 
Lexington  dissenting]. 

The  report  was  read;  and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 


WEDNESDAY,  AUGUST  8,  1917.  161 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

To  provide  for  the  confirmation  of  judicial  appointments  by  Judges,  — 
other  than  a  political  body  (Doc.  No.  201); 

Relative  to   prohibiting  the  delegation  of  its  powers  by  the  General 
General  Court  (Doc.  No.  171);  SS&.~~ 

Providing  that  the  enumeration  of  rights  shall  not  impair  or  Rights  of  the 
deny  other  rights  of  the  people  (Doc.  No.  147);  and  people. 

To  provide  for  the  submission  to  the  people  of  amendment  or  Federal 
amendments  to  the  Constitution  of  the  United  States  before  any  2? 
action  can  be  taken  thereon  by  the  General  Court  (Doc.  No.  93); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  Committee  of  the  Whole. 

The  order  relative  to  the  expediency  of  so  revising  the  Con-  Prompt 
stitution  as  to  give  efficacy  to  the  eleventh  article  of  the  Decla-  faw.edyin 
ration  of  Rights,  granting  the  subject  a  certain  remedy  in  law, 
promptly  and  without  delay;   and 

The  order  relative  to  further  protection  in  the  Bill  of  Rights  Poor  debtors, 
against  unjust  and  oppressive  imprisonment  of  poor  debtors; 

Were  severally  considered;  and  the  recommendations  of  the  Com- 
mittee of  the  Whole  (no  action  necessary)  were  severally  accepted. 

The  Resolution  relative  to  the  election  of  judges  by  the  people  Judges,  — 
(Doc.  No.  197)  was  considered. 

Mr.  James  H.  Brennan  of  Boston  moved  that  the  resolution 
be  recommitted  to  the  Committee  of  the  Whole. 

After  debate  the  question  was  put,  and  88  members  voted  in 
the  affirmative  and  89  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Mancovitz  of  Boston;  and  on  the  roll  call 
131  members  voted  in  the  affirmative  and  109  in  the  negative,  as 
follows:  — 

YEAS. 

Messrs.  Adams,  Brooks  Messrs.  Butler,  A.  Webster 

Anderson,  George  W.  Buttrick,  Allan  G. 

Aylward,  James  F.  Callahan,  Timothy  F. 

Barrett,  James  T.  Clapp,  Robert  P. 

Bartlett,  Horace  I.  •  Clark,  Ezra  W. 

Bates,  Sanford  Codman,  James  M.,  Jr. 

Bauer,  Ralph  S.  Coleman,  George  W. 

Begley,  John  S.  Cooney,  Charles  P. 

Bergengren,  Roy  F.  Corrigan,  Robert  S. 

Bigney,  Robert  E.  Creamer,  Walter  H. 

Bodfish,  John  D.  W.  Curtis,  Arthur  B. 

Bouve',  Walter  L.  Curtis,  Charles  P.,  Jr. 

Brackett,  John  Q.  A.  Daley,  Peter 

Brennan,  James  H.  Delaney,  Louis  F. 

Brennan,  James  J.  Delano,  Robert  T. 

Broderick,  Patrick  S.  Derbyshire,  James  H. 

Brown,  E.  Gerry  Doe,  Orestes  T. 

Bullock,  William  J.  Donovan,  Daniel  R. 

Burrell,  Fred  J.  Donovan,  James  A. 


162 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Finn,  E.  Philip 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  George  W. 
KeUey,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
MitcheU,  John 
Moran,  William 
Moriarty,  James  T. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Bailey,  J.  Warren 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Boyer,  Elmer  E. 
Brine,  Henry  C. 


Messrs.  Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
SparreU,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
SuUivan,  William  H. 
Sullivan,  William  J. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Whipple,  Sherman  L. 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Clark,  Chester  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 


WEDNESDAY,  AUGUST  8,  1917. 


163 


Messrs.  Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Ellis,  Theodore  W. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Granfield,  William  J. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Leonard,  Joseph  J. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 


Messrs.  Lyman,  Frank  E. 
Malone,  Dana 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCaffrey,  George  H.,  Jr. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Richardson,  James  P. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


131  yeas;  109  nays. 


Therefore  the  motion  of  Mr.  Brennan  was  adopted;  and,  ac- 
cordingly, the  resolution  was  recommitted  to  the  Committee  of 
the  Whole. 

Resolutions  — 

Relative  to  limiting  the  tenure  of  judicial  officers  to  ten  years  judges, 
(Doc.  No.  194);  tenure- 

Providing   for   the   appointment,   removal   and   retirement   of  Id- 
judges  and  their  tenure  of  office  (Doc.  No.  96); 

Providing  for   the   appointment   of  judges   for   specific   terms  id. 
(Doc.  No.  193); 

Relative  to  the  appointment  of  judicial  officers  for  a  term   of  w. 
seven  years  (Doc.  No.  192); 

Relative  to  the  tenure  of  office  of  the  judiciary  (Doc.  No.  191);  id. 
and 

Relative  to  the  salaries  of  judicial  officers  (Doc.  No.  91);  Judges, 

Were  severally  recommitted  to  the  Committee  of  the  Whole,  as 
motions  of  Mr.  Finn  of  Chelsea. 


164 


JOURNAL   OF   THE  CONVENTION, 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Committee 
of  the  Whole. 


Initiative  and 
referendum. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Bates  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
ing the  matters  on  its  Docket. 

The  Chair  appointed  Mr.  Bates  as  chairman  of  the  Committee. 

Subsequently  Mr.  Bates,  for  the  Committee,  reported  that  the 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order, 
the  Chair  (Mr.  Kenefick  of  Palmer)  declared  a  recess  until  two 
o'clock;  at  which  hour  the  Convention  reassembled,  with  the 
President  in  the  chair. 

On  motion  of  Mr.  Bates  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
ing the  matters  on  its  Docket.' 

The  President  appointed  Mr.  Bates  to  take  the  chair. 

Subsequently  Mr.  Bates,  for  the  Committee,  reported  that  the 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


At  two  minutes  after  four  o'clock,  on  motion  of  Mr.  Coolidge 
of  Milton,  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


JOUENAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


WEDNESDAY,  August  8,  1917. 
Mr.  Bates  of  Boston  in  the  chair. 

Jeferendrumnd  The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Hale 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


id. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Bates  being  in  the  chair. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Edwin 
U.  Curtis  of  Boston  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


THUESDAY,  AUGUST  9,  1917.  165 


THURSDAY,  August  9,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Parris  T.  Farwell  of  Newton, 
Associate  Editor  of  The  Congregationalist  and  Christian  World. 

Proposed  Amendments  of  Rules. 

The  following  order,  offered  by  Mr.  Bodfish  of  Barnstable,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
Mr.  Lowe  of  Fitchburg:  — 

Ordered,  That  Rule  34  be  amended  so  as  to  read  as  follows:  — 
34.     If   the    Committee    of    the   Whole   reports   that   a   pro-  Rule  34,— 
posal  to  amend  the  Constitution  which  has  been  referred  to  it  amendment, 
ought  not  to  pass,  the  question  shall  be:    "Shall  the  proposal  be 
adopted?"     If  the  Convention  votes  in  favor  of  adoption,  the 
proposal  shall  be  read  and  placed  in  the  Orders  of  the  Day  for 
the  next  session  for  a  second  reading. 

The  following  order,  offered  by  Mr.  Bouve  of  Hingham,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
Mr.  Lowe  of  Fitchburg :  — 

Ordered,  That  Rule  32,  relative  to  procedure  in  Committee  of  Rule  32,— 
the  Whole,  be  amended  by  striking  out,  in  lines  8  and  9,  the  ai 
words  "the  yeas  and  nays  shall  not  be  called;". 

§  Committee  of  the  Whole. 

n  motion  of  Mr.  Parkman  of  Boston  the  Convention  resolved  Committee  of 
f  into  Committee  of  the  Whole,  for  the  purpose  of  considering  ti 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Parkman  to  take  the  chair. 

Subsequently  Mr.  Parkman,  for  the  Committee,  reported  that  initiative  and 
the   Resolution   to   provide   for   establishing   the   initiative   and  referendum- 
referendum   (Doc.  No.  335)  had  been  under  consideration,  but 
that  no  conclusion  was  reached. 

t  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
sident  declared   a  recess  until  two   o'clock;    at  which  hour 
Convention  reassembled. 

)n  motion  of  Mr.   Washburn  of  Worcester  the  Sergeant-at-  Quorum. 

is  was  instructed  to  secure  the  presence  of  a  quorum. 

)n  the  appearance  of  a  quorum   the   Convention,  on  motion  committee  of 

r.  Parkman  of  Boston,  resolved  itself  into  Committee  of  the  the  Whole- 
lole,  for  the  purpose  of  considering  the  matters  on  its  Docket. 
The  President  appointed  Mr.  Parkman  to  take  the  chair. 


166 


JOURNAL  OF  THE  CONVENTION, 


r2erendumnd  Subsequently  Mr.  Parkman,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  had  been  under  consideration,  but 
that  no  conclusion  was  reached. 


At  four  minutes  before  four  o'clock,  on  motion  of  Mr.  Wash- 
burn  of  Middleborough,  the  Convention  adjourned,  to  meet 
to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Initiative  and 
referendum. 


Id. 


THURSDAY,  August  9,  1917. 
Mr.  Parkman  of  Boston  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr. 
Churchill  of  Amherst  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Parkman  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After -debate,  and  without  action  on  the  resolution,  Mr.  Hale 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


FRIDAY,  AUGUST  10,  1917.  167 


FRIDAY,  August  10,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Robert  P.  Anderson  of  Boston, 
Associate  Editor  of  The  Christian  Endeavor  World. 

Quorum. 

Mr.  Feiker  of  Northampton  moved  that  the  Sergeant-at-Arms  Quroum. 
be   instructed   to   secure   the   presence   of   a   quorum;  and   this 
motion  was  adopted. 

Proposed  Amendment  of  Rule  82. 

Mr.  Underbill  of  Somerville,  for  the  committee  on  Rules  and 
Procedure,  reported  recommending  that  the  following  order 
ought  not  to  be  adopted:  — 

Ordered,  That  Rule  32,  relative  to  procedure  in  Committee  of  ^j£®|^~t 
the  Whole,  be  amended  by  striking  out,  in  lines  8  and  9,'  the  ai 
words  "the  yeas  and  nays  shall  not  be  called;". 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  rejected. 

Views  on  the  Initiative  and  Referendum. 

Mr.  Hall  of  Taunton,  for  the  committee  on  Rules  and  Pro- 
cedure, reported  recommending  that  the  following  order  ought 
to  be  adopted:  — 

Ordered,  That  two  thousand  additional  copies  of  Convention  initiative  and 
Document  No.  343,  being  the  minority  report  on  the  subject  of  IffJS^1 
the  initiative  and  referendum,  be  printed;    and  that  the  text  of  views. 
said  document  be  included  in  the  volume  of  reported  Debates  of 
the  Convention. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  support  of  certain  institutions  Public  funds, 
from  public  funds  (Doc.  No.  338  —  as  corrected  by  the  commit-  iJon'P;propria~ 
tee  on  Form  and  Phraseology  see  Doc.  No.  347,  pages  5  and  6) 
was  considered. 

Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and  Phrase- 
ology, reported  recommending  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  with  the  same  title  (printed 
in  Doc.  No.  347,  pages  8  and  9). 

Mr.  Bryant  of  Milton  moved  that  the  further  consideration  of 
the  resolution  be  postponed  until  Tuesday  next;  and  this  motion, 
after  debate,  was  negatived. 

After  further  debate  Mr.  Boyden  of  Deerfield  moved  that  tEe  Mr.  Boyden,  - 
resolution  be  amended  by  adding  at  the  end  thereof  the  words  amendment- 


168 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Morton,  - 
amendment. 


Mr.  George,  - 
.amendment. 


Mr.  Lomasney, 
—  amendment. 


Mr.  Anderson, 
—  amendments. 


Mr.  Bates,  — 
amendment. 


Mr.  Curtis,  - 
amendment. 


Mr.  Washburn, 
—  amendment. 


Mr.  Bryant,  — 
amendment. 


Mr.  Richard- 
son, —  amend- 
ment. 


"But  nothing  herein  contained  shall  be  construed  to  prevent  any 
town  from  raising  and  appropriating  money  for  such  academies 
in  the  commonwealth  wherein  no  denominational  doctrine  is 
inculcated  as  are  open  to  the  public  in  any  town  not  maintaining 
a  high  school  or  specifically  exempted  therefrom." 

Mr.  Morton  of  Fall  River  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "town",  in  line  31  (Doc.  No.  347, 
page  6),  the  words  " ,  and  to  carry  out  legal  obligations,  if  any, 
already  entered  into". 

Mr.  George  of  Haverhill  moved  that  'the  resolution  be  amended 
by  the  substitution  of  a  Resolution  guaranteeing  freedom  of 
religious  worship  and  prohibiting  religious  discrimination  and  the 
public  support  of  sectarian  institutions  (Doc.  No.  341). 

Mr.  Lomasney  of  Boston  moved  that  the  resolution  be  amended 
by  inserting  before  the  word  "agents",  in  line  27  (Doc.  No.  347, 
page  6),  the  word  "public". 

Mr.  Anderson  of  Newton  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "learning",  in  line  22  (Doc.  No.  347, 
page  6),  the  words  ",  whether  under  public  control  or  other- 
wise,"; by  inserting  after  the  word  "school,",  in  line  24,  the  words 
"or  any";  and  by  inserting  after  the  word  "not",  in  line  25,  the 
words  "publicly  owned  and". 

Mr.  Bates  of  Boston  moved  that  the  amendment  moved  by 
Mr.  Morton  of  Fall  River  be  amended  by  striking  out  the  word 
"legal". 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  resolution 
be  amended  by  striking  out,  in  lines  30  and  31  (Doc.  No.  347, 
page  6),  the  words  "libraries  open  to  the  public  in  any  city  or 
town",  and  inserting  in  place  thereof  the  words  "free  public 
libraries". 

Mr.  Washburn  of  Worcester  moved  that  the  resolution  be 
amended  by  adding  at  the  end  thereof  the  words  "Nothing  in 
this  amendment  shall  in  any  way  affect  chapter  78  of  the  acts 
and  resolves  of  1911,  being  a  resolve  in  favor  of  the  Massachu- 
setts Institute  of  Technology,  and  chapter  87  of  the  acts  and 
resolves  of  1912,  being  a  Resolve  in  favor  of  the  Worcester 
Polytechnic  Institute." 

Mr.  Bryant  of  Milton  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  "Provided  that  nothing 
herein  contained  shall  prevent  the  appropriation  and  payment 
to  the  Massachusetts  Institute  of  Technology  of  the  sums  granted 
to  it  under  chapter  78  of  the  resolves  of  1911  as  amended,  or  to 
the  appropriation  and  payment  to  the  Worcester  Polytechnic 
Institute  of  the  sums  granted  to  it  under  chapter  87  of  the  re- 
solves of  1912." 

Mr.  Richardson  of  Newton  moved  that  the  amendment  moved 
by  Mr.  Boy  den  be  amended  by  adding  after  the  word  "acade- 
mies" the  words  "now  existing". 

After  further  debate,  and  without  action  on  the  pending 
amendments,  — 

At  one  o'clock,  under  the  provisions  of  a  standing  order, 
the  President  declared  the  Convention  adjourned,  to  meet  on 
Tuesday  next  at  half-past  ten  o'clock  A.M. 


TUESDAY,  AUGUST  14,  1917.  169 


TUESDAY,  August  14,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  W.  Hamilton,  D.D.,  of  Wash- 
ington, Bishop  of  the  Methodist  Episcopal  Church  and  Chancellor 
of  the  American  University  at  Washington. 


Death  of  Honorable  Dana  Malone. 

Mr.  Parker  of  Lancaster  announced  the  death,  on  Monday,  Death  of 
August  13,  of  Honorable  Dana  Malone  of  Greenfield,  and  offered 
the  following  resolutions:  — 

Whereas,  The  members  of  the  Massachusetts  Constitutional 
Convention,  having  learned  with  profound  sorrow  of  the  death, 
without  warning,  of  their  late  associate  and  colleague,  the 
Honorable  Dana  Malone  of  Greenfield;  now  in  session  assembled 
be  it 

Resolved,  That  the  members  of  the  Convention  recognize  and 
record  their  grateful  appreciation  of  the  valuable  and  efficient 
service  and  of  the  devoted  public  spirit  of  their  late  colleague  in 
the  admirable  performance  of  his  duties  to  this  Convention,  and 
to  his  constituents  the  people  of  the  Commonwealth; 

Resolved,  That  the  members  of  the  Convention  deplore  the  loss 
of  his  inspiring,  helpful  companionship,  and  his  wise  counsel, 
upon  which  they  had  relied  for  the  further  performance  of  their 
labors; 

Resolved,  That,  in  the  expression  of  the  respectful  sympathy  of 
the  members  of  the  Convention,  a  copy  of  these  resolutions  be 
transmitted  to  the  family  of  their  late  colleague  and  friend; 

Resolved,  That  the  President  of  the  Convention  be  respectfully 
requested  to  make  such  order  in  behalf  of  the  Convention  as  may 
be  appropriate  in  this  solemn  event  which  has  stayed  its  delibera- 
tions. And  as  further  mark  of  respect  be  it  also 

Resolved,  That  the  Convention  do  now  adjourn  for  the  day. 

The  resolutions  were  read  by  Mr.  Parker,  and  they  were 
unanimously  adopted  by  a  rising  vote. 


Accordingly,  at  ten  minutes  before  eleven  o'clock,  the  Presi- 
dent declared  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


170 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  August  15,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Clark,  D.D.,  of  Saga- 
more, Founder  and  President  of  the  Young  People's  Society  of 
Christian  Endeavor. 


Funeral  of  the 
late  Honorable 
Dana  Malone. 


Funeral  of  Honorable  Dana  Malone. 

The  President  announced  the  appointment  of  Messrs.  Parker 
of  Lancaster,  Walsh  of  Fitchburg,  Hibbard  of  Pittsfield,  French 
of  Randolph,  Pillsbury  of  Wellesley,  Boynton  of  Everett,  Luce  of 
Waltham,  Kenefick  of  Palmer,  Cox  of  Boston,  Hutchings  of 
Dedham,  Ferrey  of  Pittsfield,  Clapp  of  Lexington,  Giddings  of 
Great  Barrington,  Hall  of  Orange,  Feiker  of  Northampton, 
Kinney  of  Boston,  Boyden  of  Deerfield,  Gleason  of  Andover  and 
McLaud  of  Greenfield  to  serve  with  him  as  a  special  committee  of 
the  Convention  to  attend  the  funeral  of  the  late  Honorable  Dana 
Malone,  to  be  held  in  Greenfield,  Thursday,  August  16. 


Reports  of 
committees,  — 
extension  of 
time. 


Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Hall  of  Taunton,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  the  Judiciary,  Public  Affairs,  Social  Welfare, 
State  Administration,  and  State  Administration  and  the  Execu- 
tive (sitting  jointly)  be  granted  until  Tuesday,  August  21,  in 
which  to  report  on  matters  before  them. 


State  insurance 
funds. 


state 

industrial  and 
commercial 


Remonstrances. 

A  remonstrance  of  Robert  S.  Hoffman  and  others  against  the 
passage  of  any  resolution  authorizing  the  General  Court  to 
create  state  insurance  funds,  was  placed  on  file. 

A  remonstrance  of  the  Baker-Vawter  Company  of  Holyoke 
against  any  amendment  authorizing  the  Commonwealth  to  en- 
gage in  industrial  or  commercial  enterprises  in  competition  with 
its  citizens,  as  embodied  in  Convention  documents  Nos.  319  and 
327,  was  placed  on  file. 


Submission  of  Minor  Perfecting  Amendments. 

On  motion  of  Mr.  Fitz-Randolph  of  Nantucket,  — 

Constitution,  —  Ordered,  That  the  committee  on  Amendment  and  Codification 
iSgnam?nd!ct"  of  the  Constitution  consider  the  advisability  of  submitting  an 
ments.  amendment  to  the  people  containing  minor  perfecting  amend- 

ments not  of  a  controversial  nature. 


WEDNESDAY,  AUGUST  15,  1917  171 


Compensation  of  Secretary's  Assistants. 

Mr.  Wonson  of  Gloucester,  for  the  Committee  on  Contingent 
Expenses 'and  Pay-Roll,  reported  (at  the  request  of  the  Secretary 
of  the  Convention)  recommending  the  adoption  of  the  following 
order:  — 

Ordered,  That  the  following  additional  compensation  for  the  Secretary's 
clerical  assistants  in  the  office  of  the  Secretary  of  the  Convention, 
from  June  6,  be  approved:   Two  clerical  assistants,  $2  per  diem; 
one  clerical  assistant,  $1  per  diem. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Reports  of  the  Committee  of  the  Whole. 

Mr.  Pillsbury  of  Wellesley,  for  the  committee  on  Rules  and  Rules  33  and 
Procedure,  to  whom  was  referred  an  order  proposing  an  amend- 
ment of  Rule  34,  reported  recommending  that  Rules  33  and  34 
be  consolidated  as  Rule  33,  as  follows:  — 

33.  When  the  Committee  of  the  Whole  reports  upon  a  resolution 
embodying  a  proposal  to  amend  the  Constitution,  it  shall  be  read 
and  placed  in  the  Orders  of  the  Day  for  the  next  session,  and 
shall  then  be  open  to  amendment  before  the  question  is  taken  on 
ordering  it  to  a  second  reading. 

The  report  was  read;  and,  pending  the  question  on  its  ac- 
ceptance, the  further  consideration  thereof  was  postponed  until 
the  next  session,  on  motion  of  Mr.  Chandler  of  Somerville. 

Report  of  a  Committee. 

By  Mr.  McLaud  of  Greenfield,  for  the  committee  on  Public  casualty 
Affairs,  that  the  Resolution  to  empower  the  General  Court  to  JJJJ^J^ 
make  absolute  the  liabilities  of  casualty  insurance  companies  to  —absolute 
persons  injured  by  accident  (Doc.  No.  256)  ought  not  to  pass. 

The  report  was  read;  and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 

Adjournment  and  Hour  of  Meeting. 

Mr.   Barnes  of  Mansfield  moved  that,  when  the  Convention  Next  session. 
adjourns  to-day,   it  adjourn  to  meet  on  Tuesday  next  at  one 
o'clock  P.M. 

Mr.  Lowell  of  Newton  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Monday  next  at  one 
o'clock  P.M. 

After  debate  the  question  was  put  on  the  motion  of  Mr. 
Barnes,  that  motion  having  precedence,  and  the  same  prevailed. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  support  of  certain  institutions  Public  funds, 
from  public  funds  (Doc.  No.  338  —  as  corrected  by  the  commit-  T 


172 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Curtis,  - 
amendment. 


Mr.  Powers,  - 
amendment. 


Mr.  Anderson, 
—  amendment. 


Mr.  Blackmur, 
—  amendments 


Limit  of 
debate. 


Adjournment. 


tee  on  Form  and  Phraseology  see  Doc.  No.  347,  pages  5  and  6), 
being  the  unfinished  business  of  the  last  session,  was  considered 
further. 

Mr.  Edwin  U.  Curtis  of  Boston  (Mr.  Underhill  of  Somerville 
being  in  the  chair)  withdrew  the  amendment  previously  moved 
by  him,  there  being  no  objection. 

The  same  member  then  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  30  and  31  (Doc.  No.  347,  page  6)  the 
words  "libraries  open  to  the  public",  and  inserting  in  place 
thereof  the  words  "  free  public  libraries  ". 

After  debate  Mr.  Powers  of  Newton  moved  that  the  resolution 
be  amended  by  inserting  after  the  word  "expended",  in  line  18, 
(Doc.  No.  347,  page  5)  the  words  ",  or  of  such  state  authorities 
as  the  legislature  may  direct". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  resumed  consideration  of  the  resolution. 

Mr.  Anderson  of  Newton  moved  that  the  resolution  be 
amended  by  adding  at  the  end  thereof  (Doc.  No.  347,  page  7) 
the  following:  "SECTION  — .  This  amendment  shall  not  take 
effect  until  the  October  first  next  succeeding  its  ratification  and 
adoption  by  the  people." 

After  debate  Mr.  Blackmur  of  Quincy  moved  that  the  resolu- 
tion be  amended  by  striking  out,  in  line  24  (Doc.  No.  347, 
page  6),  the  words  "infirmary,  hospital,  institution,  or";  by 
striking  out,  in  line  25,  the  word  "charitable";  by  striking  out, 
in  lines  29  and  30,  the  words  "the  maintenance  and  support  of 
the  Soldiers'  Home  in  Massachusetts  and  for";  by  striking  out, 
in  line  39,  the  words  "hospitals,  infirmaries,  or";  and  by  strik- 
ing out,  in  line  42,  the  words  "hospitals,  infirmaries  or". 

After  further  debate  Mr.  James  H.  Brennan  of  Boston  moved 
that  debate  be  closed  at  half-past  three  o'clock,  unless  a  vote  be 
sooner  reached;  that  speeches  be  limited  to  ten  minutes  each; 
and  that  the  member  of  the  committee  in  charge  of  the  resolu- 
tion be  allowed  the  last  ten  minutes. 

Mr.  Leonard  of  Boston  moved  that  the  motion  be  amended  by 
striking  out  the  words  "half -past  three",  and  inserting  in  place 
thereof  the  words  "half -past  four". 

Mr.  Sawyer  of  Ware  moved  that  the  motion  be  amended  by 
striking  out  the  words  "ten  minutes",  and  inserting  in  place 
thereof  the  words  "five  minutes". 

After  debate  the  amendment  moved  by  Mr.  Sawyer  was 
adopted,  by  a  vote  of  125  to  114;  the  amendment  moved  by 
Mr.  Leonard  was  rejected,  by  a  vote  of  95  to  143;  and  the 
motion  of  Mr.  Brennan,  as  amended,  was  then  negatived,  by  a 
vote  of  101  to  134. 

After  further  debate  Mr.  Edwin  U.  Curtis  moved  that  the 
Convention  adjourn;  and  this  motion  was  adopted,  by  a  vote 
of  152  to  57. 

Accordingly,  at  five  minutes  past  four  o'clock,  the  Convention 
adjourned,  to  meet  on  Tuesday  next  at  one  o'clock  P.M. 


WEDNESDAY,  AUGUST  15,  1917.  173 


Statements  Ordered  Printed.1 

Mr.   Loring  of  Beverly:    Mr.   President,   as  chairman  of  the  Free  public 
committee  on  Form  and  Phraseology  I  wish  to  say  a  few  words  llbranes- 
relative  to  the  amendments  proposed  by  that  committee;    and  I 
will  say  at  the  outset  that  it  is  merely  explanation,  and  not  advo- 
cacy, because  this  committee  sits  in  a  perfectly  impartial  manner, 
to  see  that  the  form  of  the  proposed  amendment  is  proper.  .  .  . 

The  committee  changed  the  phrase  "libraries  open  to  the 
public"  to  "free  public  libraries".  It  seemed  to  the  committee 
that  there  is  a  distinct  difference  between  the  meaning  of  the 
two  phrases.  While  they  supposed  that  the  committee  on  Bill  of 
Rights  meant  "free  public  libraries",  they  were  not  sure  of  it, 
and  therefore  suggested  this  change  as  an  amendment. 

A  library  open  to  the  public  is  any  library  into  which  the 
public  at  the  present  time  can  go.  For  instance,  the  library  of 
the  Genealogical  Society  is  a  library  open  to  the  public.  We  did 
not  suppose  that  it  was  the  intention  to  include  a  library  of  that 
character  among  libraries  which  should  reap  the  benefit  of  state 
aid.  We  supposed,  however,  that  it  was  such  a  library  as,  for 
instance,  the  library  in  Springfield,  which,  although  controlled 
not  by  state  officials  or  town  officials,  is  held  in  trust  for  the 
public  by  the  officials  who  control  it.  That  is,  the  public  has  a 
beneficial  interest  in  that  library  which  it  could  enforce,  and 
therefore  we  thought  it  would  be  amply  covered  by  the  phrase 
"free  public  libraries",  and  so  suggested  that  phrase  as  an 
amendment.  This  phrase  I  understand  is  agreeable  to  the  com- 
mittee which  reported  the  bill,  and  has  been  moved  by  the 
chairman  as  an  amendment  to  the  bill  as  reported  on  pages  5 
and  6  of  the  Document  No.  347. 


Mr.   Edwin  U.  Curtis   of   Boston:    Mr.  President,   I  did  not  id. 
intend  at  this  time  to  explain  the  amendment,  but  as  it  is  before 
the  Convention  now  I  will  read  a  statement  of  the  committee  on 
Bill  of  Rights  in  regard  to  it. 

The  question  is  upon  the  meaning  of  the  words  "free  public 
libraries  in  any  city  or  town".  It  will  be  noted  that  this  is  one 
of  the  exceptions  to  the  operation  of  the  principle  of  our  pro- 
posal. That  principle  is,  in  brief,  that  no  appropriation  of  public 
money  shall  be  made  to  any  private  institution;  and  then  come 
the  exceptions,  first  the  Soldiers'  Home  in  Massachusetts  and 
then  the  free  public  libraries.  It  is  therefore  immediately  evident 
that  the  word  "public"  in  this  phrase  cannot  be  used  in  the 
sense,  publicly  owned  or  publicly  controlled,  as  it  is  elsewhere  in 
our  proposal,  for  the  very  fact  that  it  is  an  exception  shows  that 
the  libraries  in  question  are  wholly  or  in  part  under  private  con- 
trol. The  word  "public"  in  this  phrase  must  then  mean  founded 
and  primarily  intended  for  the  public,  open  to  the  public,  just  as 
we  speak  of  the  public  waiting  room  in  a  railway  station.  The 

See  vote  passed  on  August  23. 


174  JOURNAL  OF  THE  CONVENTION, 

very  object  of  the  exception  is  to  allow  appropriations  of  public 
money  to  libraries  which  are  wholly  or  in  part  under  private  con- 
trol. The  only  reason  we  have  for  seeking  to  change  the  wording 
at  this  point  is  that  the  phrase  "  libraries  open  to  the  public  " 
would  allow  appropriations  for  the  library  of  a  theological  semi- 
nary or  of  a  private  college,  if  open  to  the  public,  as  most  of 
them  are. 


TUESDAY,  AUGUST  21,  1917.  175 


TUESDAY,  August  21,  1917. 
Met  according  to  adjournment,  at  one  o'clock  P.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Reception  of  the  Russian  Mission. 

On  motion  of  Mr.  Hall  of  Taunton,  — 

Ordered,  That  a  committee  of  eleven  members  be  appointed  to  The  Russian 
wait  upon  His  Excellency  the  Governor,  and  upon  the  Honorable  MlS£ 
Boris   A.    Bakhmetieff   and   his   distinguished   colleagues   of   the 
Russian  Mission,  and  inform  them  that  the  Massachusetts  Con- 
stitutional Convention  is  now  in  session  and  requests  the  pleasure 
and  the  honor  of  their  presence. 

The  President  appointed  as  the  committee  Messrs.  Hall  of 
Taunton,  Thompson  of  Haverhill,  Turner  of  Fall  River,  Bailey 
of  Somerville,  Tilton  of  Springfield,  Bauer  of  Lynn,  Brown  of 
Brockton,  Burns  of  Pittsfield,  Montague  of  Boston,  Swig  of 
Taunton  and  Donoghue  of  Boston,  and  they  proceeded  to  the 
discharge  of  their  duty  under  escort  of  the  Sergeant-at-Arms. 

Soon  afterwards  Mr.  Hall,  for  the  committee,  reported  that 
they  had  attended  to  the  duty  assigned  them,  and  that  His 
Excellency  the  Governor  had  accepted  the  invitation  of  the 
Convention  for  himself  and  his  guests  and  for  the  visitors  and 
their  guests,  and  that  they  would  attend  upon  the  Convention 
forthwith. 

Thereupon  His  Excellency  the  Governor,  His  Honor  the  Lieu- 
tenant Governor,  the  Honorable  Boris  A.  Bakhmetieff,  Russian 
Ambassador,  and  other  members  of  the  Russian  Mission,  and 
His  Honor  the  Mayor  of  Boston,  accompanied  by  various  civil 
and  military  officers,  entered  the  Convention  Chamber  under 
escort  of  the  Sergeant-at-Arms. 

His  Excellency  Samuel  W.  McCall,  Governor  of  the  Common- 
wealth, was  then  presented  to  the  Convention,  and  spoke  as  fol- 
lows: — 

Mr.  PRESIDENT  AND  GENTLEMEN  OF  THE  CONVENTION:  —  We  Address  of  His 
are  honored  to-day  by  the  presence  of  the  special  mission  from  Governor7  ** 
the  Republic  of  Russia  to  the  United  States.  This  honor  is 
grateful  to  us  for  many  reasons.  In  the  first  place,  we  find  our- 
selves side  by  side  with  Russia  in  a  war  as  wicked  as  it  is  colossal, 
which  has  involved  almost  every  nation  on  the  globe.  In  that 
war  perhaps  Russia  has  suffered  more  than  any  other  nation,  but 
she  stands  to-day  unconquered,  and  I  believe  unconquerable. 
There  is  no  nation  in  the  world  that  has  been  more  steadily  the 
friend  of  the  United  States  than  has  the  Russian  nation.  It  is 
now  settled  history  that  when  in  the  darkest  days  of  our  Civil 
War  the  government  of  Lord  John  Russell  set  in  motion  a  project 


176  JOURNAL   OF  THE  CONVENTION, 

to  have  the  Emperor  of  the  French  propose  to  Great  Britain  and 
Russia  to  intervene  between  the  North  and  the  South,  it  was  the 
firm  friendship  of  Russia  in  that  crisis  that  put  to  death  that 
most  infamous  proposal.  Again,  in  recognition  of  our  primacy 
upon  this  continent,  in  friendship  to  the  Monroe  Doctrine  and 
in  friendship  to  us,  she  conveyed  to  us  for  hardly  more  than  a 
nominal  consideration  the  vast  reaches  of  her  territory  along 
Bering  Strait  and  the  North  Pacific,  and  it  was  from  her  that  we 
received  Alaska,  with  the  untold  resources  of  that  rich,  even  if 
frozen,  empire.  So  that  our  comradeship  to-day  with  Russia  is 
based  upon  a  century  of  firm  friendship. 

It  does  little  credit  to  the  justice  of  the  nations  which  have 
long  directed  the  diplomacy  of  the  world  that  a  nation  having 
nearly  one-sixth  of  the  land  area  of  the  globe,  and  nearly  one- 
tenth  of  its  population,  should  be  denied  free  access  to  warm 
water,  and  that  its  commerce  should  have  laid  upon  it  that 
embargo  which  is  imposed  upon  ports  which  are  frozen  during 
the  greater  part  of  the  year.  Encompassed  as  we  are  upon  every 
side  by  thousands  of  miles  of  free  and  open  sea,  we  should  do  our 
utmost  to  remedy  this  injustice  and  to  give  that  great  people 
free  access  to  the  ocean. 

And  then  this  honor  which  we  have  to-day  is  grateful  to  us 
for  another  reason.  Russia  has  ranged  herself  side  by  side  with 
the  United  States  in  the  sisterhood  of  republics.  Systems  of 
government  cannot  be  settled  offhand,  I  know,  by  grandilo- 
quent declamations  about  liberty  and  democracy.  Systems  of 
government,  where  they  have  been  oppressive  systems  that 
have  long  been  in  force  over  a  people,  become  so  interwoven 
with  the  thoughts  and  habits  of  the  people  that  they  cannot  at 
once  step  into  the  full  sunlight;  and,  just  as  a  man  who  has  been 
a  long  time  kept  in  prison  becomes  attached  to  his  dungeon  and 
cannot  endure  the  light  of  day,  <so  nations  long  held  in  the 
house  of  bondage  must  make  their  way  towards  freedom  by  slow 
and  painful  struggles,  by  suffering  and  by  many  tears.  But 
Russia,  by  her  willingness  to  rebel  against  oppression  —  and  it 
is  to  her  credit  that  she  has  been  willing  to  throw  off  the  yoke 
—  has  shown  her  fitness  to  be  free,  and  I  believe  that  any  little 
reaction  that  may  come  will  be  but  the  natural  marking  of  her 
steady  progress  toward  a  free  and  orderly  government. 

And  so,  gentlemen,  to-day  let  us  send  the  greetings  of  perhaps 
the  oldest  Commonwealth  in  the  world  to  the  youngest.  Let 
us  ask  these  envoys  to  take  back  to  Russia  the  hope  of  Massa- 
chusetts that  that  great  republic  that  stretches  over  so  much 
of  Asia  and  Europe  may  be  as  enduring  and  as  free  as  it  is 
powerful  and  great.  They  come  here  to-day  and  find  you  in  the 
interesting  process  of  revising  our  ancient  Constitution,  not  by 
the  bayonet  and  the  sword,  but  by  that  peaceful  deliberation 
which  should  hold  sway  over  the  government  of  states  and  over 
the  government  of  the  world.  Perhaps  they  may  derive  some- 
thing from  our  process  that  will  be  useful  to  their  compatriots 
at  home,  and  so  let  them  go  back  to  Russia  as  messengers  of 
the  good  will  and  of  the  gratitude  and  of  the  hope  of  the  people 
of  Massachusetts. 


TUESDAY,  AUGUST  21,    1917.  177 

President  John  L.  Bates  then  spoke  as  follows:  — 

YOUR  EXCELLENCY,  GOVERNOR  MC€ALL,  DISTINGUISHED  REP-  Address  of 

RESENTATIVE    FROM    A    NEW    AND    GREAT    REPUBLIC,   AMBASSADOR 

BAKHMETIEFF:  — It  is  my  very  pleasant  privilege,  on  behalf  of  the 
members  of  this  Constitutional  Convention,  to  join  in  the  words 
of  welcome  that  have  been  extended  by  His  Excellency,  and  to 
extend  to  you  the  warm  greetings  of  this  Convention.  His  Ex- 
cellency has  referred  to  some  of  the  incidents  in  our  history  that 
have  shown  the  friendship  of  the  Russian  nation  for  the  American 
people.  Let  me  refer  to  one  or  two  more. 

There  was  a  certain  King  George  against  whom  our  fore- 
fathers rebelled.  When  the  Revolution  was  at  its  height,  when 
our  armies  seemed  to  be  making  headway,  King  George  thought 
he  had  a  very  happy  idea  from  which  victory  might  come  to  his 
army.  He  sat  down  and  wrote  in  his  own  hand  a  letter  to  the 
great  princess,  Catherine  of  Russia,  telling  her  that  he  could  use 
some  of  her  troops  in  suppressing  the  rebellion  in  his  colonies 
and  that  he  would  be  willing  to  pay  for  some  of  her  gallant 
fighters.  The  message  came  back  quickly.  It  was  a  stinging  re- 
buke to  King  George  and  a  gruff  refusal  to  employ  her  forces  in 
any  such  manner. 

Again,  in  1812,  when  our  country  was  fighting  for  the  freedom 
of  the  seas,  again  at  war  with  England,  it  was  John  Quincy 
Adams  of  Massachusetts  who  represented  this  nation  at  the  court 
of  the  Czar.  The  Czar  was  his  friend;  and  the  friendship  of  the 
Czar  and  of  the  Russian  people  for  America  caused  him  to  offer 
his  good  services  to  bring  about  a  mediation  between  England 
and  this  country.  Our  President  gladly  accepted  the  offer  and 
appointed  a  commission  to  confer  with  Mr.  Adams  across  the 
seas,  but  our  United  States  Senate  did  not  like  the  commission 
and  failed  to  confirm  it.  Nevertheless,  the  moral  support  of  the 
friendship  of  Russia  at  that  time  meant  much  to  a  still  strug- 
gling nation.  So  that  we  have  not  only  in  the  crisis  of  the  Re- 
bellion the  Russian  people  coming  to  the  support  of  America, 
but  we  have  also  their  support  in  the  days  of  our  Revolution  and 
in  the  days  of  the  War  of  1812.  For  these  instances  of  friend- 
ship, extending  over  a  period  of  nearly  one  hundred  and  fifty 
years,  we  would  give  you,  Sir,  a  most  warm  welcome. 

But,  as  His  Excellency  has  well  said,  there  are  other  reasons. 
WTe  welcome  you  here  because  of  what  you  represent  at  this  hour. 
The  world  has  been  passing  through  a  night  of  horror  such  as  had 
never  visited  it  before.  At  the  hour  when  the  darkness  seemed 
most  intense,  when  it  was  broken  only  by  the  rumblings  of  the 
thunders  of  war  and  the  lightnings  of  death,  then  it  was,  Sir, 
that  we  suddenly  discovered,  when  hope  was  almost  gone,  a  faint 
light  in  the  East;  and  soon  we  discovered  that  it  was  the  dawn 
of  a  new  day,  for  we  heard  the  exultant  cry  of  a  people  that 
were  at  last  free,  we  heard  the  rejoicing  of  a  people  that  had 
gained  their  liberty,  and  we  heard  the  clanking  of  falling  chains 
that  were  to  bind  them  no  more.  And,  Sir,  with  the  coming  of 
that  dawn  there  came  into  existence  a  new  republic.  We  had 
wondered  why  in  God's  providence  this  great  conflict  had  been 
allowed  to  go  on  so  far,  why  there  had  been  so  much  of  human 


178  JOURNAL  OF  THE  CONVENTION, 

suffering,  so  much  of  death  and  of  torture.  We  began  to  see  that 
the  purposes  of  God  cannot  be  fathomed  by  men,  but  that 

"...  through  the  ages  one  increasing  purpose  runs, 

And  the  thoughts  of  men  are  widened  with  the  process  of  the  suns." 

Why,  Sir,  the  house  of  the  Romanoffs  ascended  the  throne 
of  Russia  in  1613,  and  with  it  there  came  into  existence  the 
most  absolute  autocratic  rule  that  the  world  had  known.  For 
three  centuries  it  has  maintained  itself  in  strength  and  power, 
but,  as  we  believe,  Sir,  to  the  detriment  of  the  great  masses  of 
the  people,  who  had  to  endure  the  tyrannies  of  their  reign. 
Seven  years  after  the  first  of  the  Romanoffs  ascended  the  throne, 
a  little  bark  anchored  fifty  miles  off  here  to  the  east  in  what 
we  now  call  Massachusetts  Bay;  and  in  the  cabin  of  that  little 
bark  the  men  sat  down  and  signed  a  written  instrument  by 
which  they  proposed  to  be  governed  as  to  fundamental  prin- 
ciples, a  written  constitution  to  protect  them  against  the  tyranny 
of  rulers  and  the  tyranny  of  majorities.  And  that  idea  of  the 
Mayflower  has  been  developed  in  this  world  along  with  the 
idea  of  the  absolute  autocracy  of  the  House  of  the  Romanoffs. 
But  when  the  dawn  of  that  day  came  to  which  we  have  referred, 
we  discovered  that  the  star  of  the  Mayflower  was  in  the  as- 
cendant and  that  the  star  of  absolute  autocracy  was  fast  setting. 
We  were  amazed  at  the  rapidity  with  which  you  brought  order 
out  of  chaos,  we  were  amazed  at  the  thoroughness  and  the  com- 
parative peacefulness  of  the  revolution,  and  we  have  been  filled 
with  admiration  that  your  people  have  been  so  steady  under 
these  trying  conditions,  and  that  such  progress  has  been  made  in 
self-government. 

To-day  we  are  sister  republics  —  sister  republics  having  the 
same  lofty  ideals,  seeking  to  obtain  the  same  results;  aye,  and 
we  are  fighting  the  same  battles.  For  God  made  men  "  to  con- 
quer hell,  and  not  to  fatten  like  kine  in  clover";  and  may  the  God 
of  nations  grant  that  out  of  this  European  hell  of  conflict  that 
ambitious  autocracy  has  forced  upon  humanity,  humanity  may 
come  forth  victorious,  and  that  Russia  and  America  and  their 
Allies,  standing  together,  may  force  autocracy,  tyranny  and  the 
divine  right  of  kings  back  into  the  abyss,  and  bury  them  so 
deep  that  they  shall  never  know  a  resurrection  morning. 

And  so  we  welcome  you.  We  extend  our  kindest  greetings  and 
our  most  sincere  congratulations. 

Members  of  the  Convention,  it  is  now  my  pleasure  to  present 
to  you  the  Ambassador  of  the  new  Republic,  the  Honorable 
Boris  A.  Bakhmetieff. 

Response  was  made  by  Ambassador  Bakhmetieff  as  follows:  - 

Address  of  Mr.      PRESIDENT      AND      MEMBERS      OF      THE      CONSTITUTIONAL 

CONVENTION:  — I  am  deeply  sensible  of  the  honor  bestowed  upon 
the  members  of  the  Mission  and  myself  by  giving  us  the  privileges 
of  the  floor  of  this  assembly. 

I  am  aware  that  by  this  act  the  people  of  The  Commonwealth 
of  Massachusetts,  represented  in  this  so  distinguished  a  body,  are 


TUESDAY,  AUGUST  21,  1917.  179 

paying  tribute  to  the  efforts  of  the  Nation  which  I  have  the 
honor  to  represent  here,  and  which  after  centuries  of  oppression, 
has  smothered  the  fetters  of  tyranny  and  now  stands  free  on  the 
threshold  of  self-dependent  life  and  self-government  rule. 

And  is  it  not  a  noteworthy  coincidence  that  we,  the  representa- 
tives of  the  new-born  and  self -forming  democracy  of  Russia,  have 
arrived  in  Boston  at  the  very  moment  of  the  gathering  of  this 
Constitutional  Convention  of  The  Commonwealth  of  Massachusetts, 
and  thus  have  been  given  the  privilege  and  opportunity,  so  rare 
and  so  exclusive,  to  witness  the  highest  sanctuary  of  the  exercising 
of  the  people's  will,  and  to  observe  this  manifestation  of  the  crea- 
tive power  of  democracy,  of  the  supreme  sovereignty  of  the  peo- 
ple in  this  oldest  of  commonwealths,  one  of  the  world's  known 
examples  of  democratic  activity  and  organization? 

Only  a  few  months  divide  us  from  the  moment  when  we  will 
call  to  life  the  National  Constitutional  Convention  of  all  Russia  — 
that  grand  and  majestic  assembly  which  has  been  for  so  many 
years  the  hope  and  aspiration  of  the  Russian  people  and  which 
will  have  to  represent,  in  all  its  sovereignty  and  plenitude,  the 
supreme  will  of  the  Nation,  the  creative  power  of  Russian  de- 
mocracy. 

It  is  the  Constitutional  assembly  of  Russia  which  will  have  to 
formulate  and  frame  the  very  bases  of  the  future  existence  of  the 
Russian  Commonwealth,  lay  the  foundation  and  construct  the 
skeleton  of  the  future  structure  of  the  Russian  State.  And  here 
at  this  cradle  of  representative  government  we  find  the  inspira- 
tion of  our  hope,  the  blessing  of  faith  for  the  future  of  Russia. 

Here  you  are,  the  very  best  of  the  people  intrusted  with  the  • 

faith  of  the  citizens  of  The  Commonwealth  of  Massachusetts,  creat- 
ing fundamental  law  in  the  name  of  and  for  the  benefit  of  your 
citizens.  And  there,  in  the  streets,  in  the  beautiful  buildings,  in 
the  monuments  of  this  historical  city,  in  the  meadows,  fields  and 
valleys  of  this  wonderful  State,  breathing  with  prosperity,  com- 
fort and  happiness,  what  do  we  see?  We  see  the  result  of  your 
work,  of  the  efforts  of  your  predecessors.  We  see  what  democ* 
racy  has  given  and  what  it  can  afford  to  give. 

And  this  prosperity,  this  happiness,  all  these  blessings  of  free 
and  self-dependent  existence,  giving  everybody  the  chance  and 
possibility  to  develop  the  highest  of  his  qualities  and  capacities, 
—  doesn't  all  this  inspire  our  imagination  and  picture  the  future 
Russia,  of  free,  democratic  Russia,  which,  after  passing  through 
a  transition  period  with  its  inevitable  strife,  clash  of  interest,  oc- 
casional disorder  and  even  bloodshed,  will  settle  firmly  in  the 
democratic  splendors  of  self-government  so  as  to  concentrate  all 
the  genius  of  the  Nation,  all  its  talent  and  capacity,  all  its  latent 
and  restrained  activity  through  the  development  of  the  unlimited 
resources  of  the  country,  to  the  construction  of  free  institutions, 
to  the  undaunted  flourishing  of  the  national  talent  of  science,  art 
and  constructive  humanity? 

In  that  happy  future,  Russia,  the  great  democracy  of  the  East, 
will  stand  hand  in  hand  with  you,  her  eldest  sister,  this  great 
mocracy  of  the  West,  to  uphold  throughout  the  world  the  high 


democi 


180  JOURNAL  OF  THE  CONVENTION, 

ideals  of  humanity,  liberty  and  justice,  and  to  guard  against  op- 
pression and  tyranny. 

Such  is  the  fascinating  future  for  Russia  in  the  event  of  the 
establishment  and  welding  of  the  befreed  Russian  Nation  into  a 
strong  and  firm  democratic  State.  To  this  end  are  tending  the 
aims  of  the  best  spokesmen  and  challengers  of  the  Russian 
Nation.  To  this  end  are  tending  the  superhuman  efforts  of  the 
best  of  her  sons,  who  are  using  all  their  endeavors  to  reorganize 
and  consolidate  the  fighting  power  of  the  Nation,  to  protect  and 
stand  firm  against  the  external  foe,  the  enemy  of  liberty  and  justice. 

A  strong,  effective  army  to  fight  with  all  possible  vigor  for  our 
great  common  cause  is  as  necessary  for  the  cause  of  the  liberty 
of  Russia  as  it  is  for  the  cause  of  the  liberty  of  the  world.  The 
liberty  of  Russia  depends  on  the  liberty  of  the  world,  and  - 
may  I  say  —  the  liberty  of  the  world  depends  on  the  establish- 
ment of  a  democracy  in  Russia. 

Great  are  the  sufferings  of  Russia.  It  is  the  third  year  that  the 
country  has  been  at  war,  and  its  army  feels  the  blow  of  the 
enemy.  Innumerable  is  the  loss  of  life;  immeasurable  the  suffer- 
ing of  the  widow  and  the  orphan,  the  toil  of  the  refugee;  oppressive 
the  life  in  the  country,  where  everything  for  more  than  two  years 
has  been  sacrificed  for  the  interest  of  warfare,  and  the  population 
deprived  of  the  most  elementary  commodities.  The  revolution 
has  imposed  new  difficulties,  new  problems,  new  questions,  new 
necessities.  In  the  melting  pot  of  historical  events  one  perceives 
occasionally  danger;  one  sees  one's  self  close,  occasionally,  to  the 
abyss  of  destruction.  But  you, — you  Americans  who  have  lived 
•  twice  through  the  greatest  calamities,  you  who  have  suffered 

and  lived  through  national  crises,  —  you  have  the  beneficial 
example  of  self-obtaining  democracy.  You  recall  the  example  of 
unprecedented  and  flourishing  development  after  the  calamities 
and  the  catastrophes  of  the  Revolutionary  and  Civil  wars. 

And  this  gives  you  faith  in  democracy,  this  gives  you  the  un- 
derstanding of  peoples'  rule,  inspires  a  new  hope,  gives  you  the 
real  perception  of  historical  happenings.  And  has  not  the  mes- 
sage brought  from  Russia  by  the  head  of  the  mission  which 
went  over  there  from  America,  —  one  of  your  greatest  citizens,  of 
your  ablest  statesmen,  of  your  deepest  thinkers,  Senator  Elihu 
Root,  —  given  a  most  wonderful  example  of  such  understanding 
and  historical  foresight? 

In  this  brotherly  welcome  of  your  people,  in  these  words  of 
comfort,  in  all  the  sympathy  which  we  feel,  and  believe  me  so 
sincerely  appreciate,  in  this  great  people,  we  find  our  hope,  our 
inspiration  for  our  endeavors,  for  our  work  for  the  future  of 
Russia. 

May  I  end  my  short  address  by  hailing,  "  O  long  live  liberty, 
long  live  democracy." 

Recess.  His  Excellency,  His  Honor,  the  Ambassador,  the  Mayor  arid 

other  guests  then  withdrew.  The  President  announced  that  op- 
portunity would  immediately  be  given  the  members  to  greet  in 
person  the  distinguished  guests  in  Memorial  Hall. 


TUESDAY,  AUGUST  21,  1917.  181 

Upon  the  expiration  of  a  short  recess  Mr.   Boucher  of  New  printing  of 
Bedford  moved  that  the  addresses  of  the  Governor,  the  President  addresses. 
and  Ambassador  Bakhmetieff  be  printed  as  a  part  of  the  records 
of  the  Convention;  and  the  motion  was  adopted. 

The  Late  Honorable  Dana  Malone. 

A  communication  from  Mrs.  Dana  Malone,  extending  to  the  Thanks  of 
members  of  the  Convention  "her  most  grateful  thanks  for  the  Ma!or5ana 
beautiful  flowers  sent  to  honor  the  memory  of  her  beloved  hus- 
band, and  her  deepest  appreciation  to  the  members  who  were 
present  at  his  funeral  service", —  was  read  and  placed  on  file. 

Leave  of  Absence. 

The  following  order,  offered  by  Mr.  Cummings  of  Fall  River, 
was  unanimously  adopted  by  a  rising  vote:  — 

Ordered,  That  the  Convention  grant  leave  of  absence  to  Dele-  Theodore  w. 
gates  Theodore  W.   Ellis  of  Springfield,   Charles  P.   Howard  of  g^jjj* 
Reading,    George   H.    McCaffrey,   Jr.,    of   Boston   and   John   L.  George  H.  ' 
Murphy  of  Chelsea,  in  order  that  they  may  attend  the  Reserve  and  John3!,. r" 
Officers'  Training  Camp  at  Plattsburg,  New  York.  MurPhy- 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Hibbard  of  Pittsfield,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  "keports  of 
of   the    Constitution,    the   Judiciary,    State   Administration,    and  SSSrio^f  ~~ 
State    Administration    and    the    Executive    (sitting    jointly)    be  time, 
granted  until  Tuesday,  August  28,  in  which  to  report  on  matters 
before  them. 

Hour  of  Meeting  and  Adjournment. 

The    consideration    of    the    following    order,    offered    by    Mr. 
Walker  of  Brookline,  was  postponed  until  the  next  session,  at 
request  of  Mr.  Davis  of  Cambridge:  — 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  whenever  Hour  of 
the  Convention  is  in  session  at  half-past  four  o'clock  P.M.,  the 
President  shall  declare  an  adjournment;  and  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.  on  Fridays,  the 
President  shall  declare  an  adjournment  until  the  following  Mon- 
day at  one  o'clock  P.M. 

The  consideration  of  the  following  order,  offered  by  Mr.  Finn 
of  Chelsea,  was  postponed  until  the  next  session,  at  the  request 
of  Mr.  Barnes  of  Weymouth:  — 

I  Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  Con-  id. 
vention  shall  meet  at  10.30  o'clock  A.M.;  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.,  except  on  Fridays, 
the  President  shall  declare  an  adjourment  until  two  o'clock  P.M.; 
that,  whenever  the  Convention  is  in  session  at  five  o'clock  P.M., 
e  President  shall  declare  an  adjournment  until  seven  o'clock 
that,  whenever  the  Convention  is  in  session  at  9.30  o'clock 
the  President  shall  declare  an  adjournment;  and  that, 


Wa] 

tho 


182 


JOURNAL   OF  THE   CONVENTION, 


"Regulation  of 
Bill  Boards  ". 


"  Regulation 
of  the  Liquor 
Traffic". 


whenever  the  Convention  is  in  session  at  one  o'clock  P.M.  on  Fri- 
days, the  President  shall  declare  an  adjournment  until  the  fol- 
lowing Tuesday. 

This  order  shall  not  be  dispensed  with,  altered  or  repealed 
except  by  a  two-thirds  vote  of  the  members  present  and  voting, 
to  be  determined  by  a  call  of  the  yeas  and  nays. 

Printing  of  Bulletins  of  Information. 

The  following  order,  offered  by  Mr.  Codman  of  Brookline, 
was  referred,  under  the  provisions  of  a  standing  order,  to  the 
committee  on  Rules  and  Procedure:  — 

Ordered,  That  there  be  printed  five  hundred  copies  of  the 
bulletin  on  "  Regulation  of  Bill  Boards ",  prepared  by  the  com- 
mission appointed  to  compile  information  and  data  for  the  Con- 
vention. 

The  following  order,  offered  by  Mr.  Coolidge  of  Milton,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,  That  there  be  printed  five  hundred  copies  of  the 
bulletin  on  the  "  Regulation  of  the  Liquor  Traffic  ",  prepared  by 
the  commission  appointed  to  compile  information  and  data  for 
the  Convention. 


The  following  order,  offered  by  Mr.  Hart  of  Cambridge,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 
Proposals  to  Ordered,  That  the  Secretary  of  the  Convention  be  authorized 

amend  the  .  ~  ,  "  ,     .    „  „      , 

Constitution,—  to  print  as  a  Convention  document  a   brier  summary  ot  those 
summary.          propositions   for   amending    the    Constitution    which    have    been 

favorably  reported  by  committees,  or  still  remain  in  their  hands 

for  further  consideration. 


Taking  of  land 
for  public 
purposes. 


Report  of  a  Committee. 

By  Mr.  Weekes  of  Harwich,  for  the  committee  on  Social  Wel- 
fare, that  the  Resolution  extending  the  purposes  for  which  the 
Commonwealth  may  take  land  (Doc.  No.  116)  ought  not  to  pass 
[Messrs.  Kelley  of  Rockland  and  Delaney  of  Holyoke  dissenting]. 

The  report  was  read;  and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 


Rules  33  and 
34  consolidated. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  report  of  the  committee  on  Rules  and  Procedure,  recom- 
mending that  Rules  Nos.  33  and  34  be  consolidated  as  Rule  33, 
was  accepted;  and  accordingly  said  rule  was  adopted,  as  fol- 
lows: — 

33.  When  the  Committee  of  the  Whole  reports  upon  a  resolu- 
tion embodying  a  proposal  to  amend  the  Constitution,  it  shall  be 
read  and  placed  in  the  Orders  of  the  Day  for  the  next  session, 


TUESDAY,  AUGUST  21,  1917.  183 

and  shall  then  be  open  to  amendment  before  the  question  is  taken 
on  ordering  it  to  a  second  reading. 

The  Resolution  relative  to  the  support  of  certain  institutions  Public  funds, 
from  public  funds  (Doc.  No.  338  —  as  corrected  by  the  commit-  tionP.propria~ 
tee  on  Form  and  Phraseology  see  Doc.  No.  347,  pages  5  and  6), 
being  the  unfinished  business  of  the  last  session,  was  considered 
further,  the  main  question  being  on  passing  it  to  be  engrossed. 

On  motion  of  Mr.  Sawyer  of  Ware  it  was  voted  that  debate  Limit  of 
be  closed  at  twelve  o'clock  to-morrow  noon,  unless  a  vote  should  debate- 
be  sooner  reached;    that  speeches  to-morrow  morning  be  limited 
to  ten  minutes  each;    and  that  the  member  of  the  committee  in 
charge  of  the  resolution  be  allowed  the  last  ten  minutes. 

After  debate  Mr.   Bartlett  of  Newburyport  moved  that  the  Mr.  Bartiett, 
resolution  be  amended  by  the  substitution  of  the  Resolution  to  ~~ amendment- 
prohibit  the  support  of  sectarian  institutions  from  public  funds 
(Doc.  No.  66). 

The  same  member  moved  that  the  amendment  previously  id. 
moved  by  Mr.  Boyden  of  Deerfield  be  amended  by  striking  out 
the  words  proposed  to  be  inserted,  and  inserting  in  place  thereof 
the  following:  "SECTION  — .  But  nothing  herein  contained  shall 
prevent  any  city  or  town  from  expending  money  raised  by  taxa- 
tion or  otherwise  in  the  education  of  its  school  children  in  any 
school  approved  by  the  school  committee  and  not  under  ecclesias- 
tical or  sectarian  control." 

Mr.   Bryant  of  Milton  withdrew  the   amendment  previously  Mr.  Bryant,— 
moved  by  him,  there  being  no  objection.  amendment. 

The  same  member  then  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Morton  of  Fall  River  be  amended  by 
striking  out  the  words  proposed  to  be  inserted,  and  inserting 
in  place  thereof  the  words  " ,  and  to  carry  out  the  provisions,  as 
now  defined,  of  chapter  78  of  the  resolves  of  1911  and  of 
chapter  87  of  the  resolves  of  1912  ". 

After  further  debate  Mr.  Lomasney  of  Boston  moved  that  the  Adjournment. 
Convention  adjourn;   and  this  motion  was  adopted. 

Accordingly,  at  five  minutes  before  four  o'clock,  the  Conven- 
;ion  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


184 


JOURNAL  OF  THE  CONVENTION, 


Hour  of  meet- 
ing and 
adjournment. 


Id. 


Public  funds, 
—  appropria- 
tions. 


WEDNESDAY,  August  22,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Benjamin  G.  Seaboyer  of  Chelsea, 
Adjutant  and  Chaplain  of  the  Soldiers'  Home  in  Massachusetts. 

Hour  of  Meeting  and  Adjournment. 

The  following  order,  offered  by  Mr.  Walker  of  Brookline,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
that  member:  - 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  whenever 
the  Convention  is  in  session  at  half -past  four  o'clock  P.M.,  the 
President  shall  declare  an  adjournment;  and  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.  on  Fridays,  the 
President  shall  declare  an  adjournment  until  the  following  Mon- 
day at  one  o'clock  P.M. 

The  following  order,  offered  by  Mr.  Finn  of  Chelsea,  the  con- 
sideration of  which  was  postponed  from  the  last  session,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion 
of  that  member:  - 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  Con- 
vention shall  meet  at  10.30  o'clock  A.M.;  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.,  except  on  Fridays, 
the  President  shall  declare  an  adjournment  until  two  o'clock 
P.M.;  that,  whenever  the  Convention  is  in  session  at  five  o'clock 
P.M.,  the  President  shall  declare  an  adjournment  until  seven 
o'clock  P.M.;  that,  whenever  the  Convention  is  in  session  at  9.30 
o'clock  P.M.,  the  President  shall  declare  an  adjournment;  and 
that,  whenever  the  Convention  is  in  session  at  one  o'clock  P.M. 
on  Fridays,  the  President  shall  declare  an  adjournment  until  the 
following  Tuesday. 

This  order  shall  not  be  dispensed  with,  altered  ox  repealed 
except  by  a  two-thirds  vote  of  the  members  present  and  voting, 
to  be  determined  by  a  call  of  the  yeas  and  nays. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  support  of  certain  institutions 
from  public  funds  (Doc.  No.  338  —  as  corrected  by  the  commit- 
tee on  Form  and  Phraseology  see  Doc.  No.  347,  pages  5  and  6), 
being  the  unfinished  business  of  the  last  session,  was  considered 
further,  the  main  question  being  on  passing  it  to  be  engrossed. 

After  debate  Mr.  Anderson  of  Brookline  (at  eighteen  minutes 
before  twelve  o'clock)  moved  that  the  time  for  closing  debate  be 


WEDNESDAY,  AUGUST    22,   1917.  185 

extended  from  twelve  o'clock  to  two  o'clock;   and  this  motion  was 
negatived. 

After  further  debate  Messrs.  Bates  of  Boston  and  Washburn  of 
Worcester  withdrew  the  amendments  previously  moved  by  them, 
there  being  no  objection. 

The  amendment  previously  moved  by  Mr.  Powers  of  Newton 
was  then  rejected. 

The  amendments  previously  moved  by  Mr.  Anderson  of  New-  Mr.  Anderson, 
ton  were  severally  adopted,  as  follows:  -  -amendments. 

Inserting  after  the  word  "learning",  in  line  22,  the  words 
",  whether  under  public  control  or  otherwise,";  inserting  before 
the  word  "college",  in  line  24,  the  words  "or  any";  inserting 
after  the  word  "not",  at  the  end  of  line  25,  the  words  "publicly 
owned  and";  and  adding  at  the  end  of  the  resolution  the  follow- 
ing: "SECTION  5.  This  amendment  shall  not  take  effect  until 
the  October  first  next  succeeding  its  ratification  and  adoption 
by  the  people." 

The  amendment  of  line  24,  previously  moved  by  Mr.  Black- 
mur  of  Quincy,  was  rejected. 

The  same  member  then  withdrew  the  remaining  amendments 
previously  moved  by  him,  there  being  no  objection. 

The  amendment  previously  moved  by  Mr.  Lomasney  of  Boston  Mr.  Lomasney, 
was  adopted,  as  follows:  Inserting  before  the  word  "agents",  ~~ amendment- 
in  line  27,  the  word  "public". 

The  amendment  previously  moved  by  Mr.  Edwin  U.   Curtis  Mr.  Curtis,— 
of  Boston  was  adopted,  as  follows:  Striking  out,  in  lines  30  and  amendment- 
31,  the  words  "libraries  open  to  the  public",  and  inserting  in 
place  thereof  the  words  "free  public  libraries". 

The  amendment  previously  moved  by  Mr.  Bryant  of  Milton 
was  rejected. 

The  amendment  previously  moved  by  Mr.  Morton  of  Fall 
River  was  adopted,  as  follows:  Inserting  after  the  word  "town", 

line  31,  the  words  ",  and  to  carry  out  legal  obligations,  if  any, 
>ady  entered  into". 

The  amendments  previously  moved  by  Messrs.  Richardson  of 
lewton,  Bartlett  of  Newburyport  and  Boyden  of  Deerfield  were 
jverally  rejected. 

The  amendment  previously  recommended  by  the  committee  on 
and  Phraseology,  and  amendments  (substitute  resolutions) 

jviously  moved  by  Messrs.  George  of  Haverhill  and  Bartlett 

Newburyport,  were  severally  rejected. 

On  the  main  question  the  sense  of  the  Convention  was  taken 
yeas  and  nays,  at  the  request  of    Mr.   Cummings    of    Fall 
Liver;   and  on  the  roll  call  275  members  voted  in  the  affirmative 

id  25  in  the  negative,  as  follows :  — 

YEAS. 

[essrs.  Adams,  Brooks  Messrs.  Bailey,  J.  Warren 

Adams,  Charles  Francis  Balch,  Francis  N. 

Adams,  Scott  Ballantyne,  John 

Adams,  Smith  J.  Bangs,  Francis  R. 

Anderson,  Frederick  L.  Barker,  Warren  S. 

Aylward,  James  F.  Barnes,  George  L. 

Bailey,  Charles  O.  Barrett,  James  T. 


186 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve,  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 


Messrs.  Cusick,  John  F. 

Dale,  George  H. 

Daley,  Peter 

Daly,  John  W. 

Davis,  Elbridge  G. 

Davis,  William  R. 

Delaney,  Louis  F. 

Delano,  Robert  T. 

Dellinger,  Raymond  P. 

Derbyshire,  James  H. 

Doe,  Orestes  T. 

Donnelly,  James  P. 

Donoghue,  John  A. 

Donovan,  Daniel  R. 

Donovan,  Thomas  F. 

Doran,  James  P. 

Douglass,  John  J. 

Dresser,  Frank  F. 

Driscoll,  Dennis  D. 

Driscoll,  Timothy  J. 

Dutch,  Charles  Frederick 

Farnsworth,  Frank  S. 

Ferrey,  Irving  D. 

Ferry,  James  R. 

Finn,  E.  Philip 

Fisher,  Edward 

Fitz-Randolph,  Reginald  T. 

Flaherty,  William 

Flye,  Louis  Edwin 

Flynn,  Maurice  R. 

Fraser,  Eugene  B. 

French,  Asa  P. 

Frost,  Archie  N. 

Gallagher,  Daniel  J. 

Garland,  Francis  P. 

Gartland,  John  J. 

Gates,  Joseph  S. 

Gaylord,  Henry  E. 

Giddings,  Charles 

Glazier,  Frederick  P. 

Gleason,  Nesbit  G. 

Good,  John  P. 

Granfield,  William  J. 

Graumann,  John 

Green,  Thomas  H. 

Greenwood,  Hamlet  S. 

Haines,  Benjamin  F. 

Hale,  Edward  R. 

Hale,  Matthew 

Hall,  Elisha  S. 

Hall,  Frederick  S. 

Hall,  Isaac  Freeman 

Hamilton,  Andrew  Foster 

Harding,  Clarence  W. 

Harriman,  Arthur  N. 

Hart,  Albert  Bushnell 

Hawley,  Truman  R. 

Hibbard,  Charles  E. 

Hicks,  George  H. 

Hobbs,  Clarence  W.,  Jr. 

Hoitt,  Augustus  J. 

Horgan,  Francis  J. 

Howard,  Charles  P. 

Johnson,  Charles  R. 
,  Jones,  George  R. 

Keliher,  John  A. 


WEDNESDAY,  AUGUST  22,  1917. 


187 


Messrs.  Kelly,  Luke  L. 

Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Marshall,  Daniel  J. 
Martin,  Daniel  A. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pellet ier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 


Messrs.  Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


188 


JOURNAL   OF   THE   CONVENTION, 


NAYS. 


Church, 
charitable  and 
educational 
institutions,  — 
exemption 
from  taxation. 


Messrs.  Anderson,  George  W. 
Blackmur,  Paul  R. 
Brackett,  John  Q.  A. 
Brown,  E.  Gerry 
Cook,  Rufus  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Dean,  Robert  A. 
Donovan,  James  A. 
Feiker,  William  H. 
George,  Samuel  W. 
Harrington,  Patrick  H. 


Messrs.  Kelley,  George  W. 
Kelley,  Thomas  R. 
Kenefick,  Thomas  W. 
Linke,  Fred  R. 
Lyman,  Frank  E. 
Mansfield,  John  J. 
McCaffrey,  George  H.,  Jr. 
Moran,  William 
Pillsbury,  Albert  E. 
Thompson,  Hubert  C. 
Tilton,  Rufus  H. 
Winslow,  Guy  M. 


275  yeas;  25  nays. 

Therefore  the  resolution,  as  amended  (Doc.  No.  348),  was 
passed  to  be  engrossed. 

Statement  Ordered  Printed.1 

Mr.  Edwin  U.  Curtis  of  Boston:  In  answer  to  inquiries  it 
might  be  well  to  say  that  the  taxation  of  church,  charitable  and 
educational  property  or  enterprises  is  not  involved  in  our  pro- 
posal, and  is  furthest  from  the  intention  of  the  committee. 
Special  pains  have  been  taken  with  the  wording  in  order  to  avoid 
any  disturbance  of  the  status  quo  on  this  subject. 

The  gentleman  from  Fall  River  (Mr.  Cummings)  argues  that 
if  we  take  away  the  power  to  aid  educational  institutions  by 
money  raised  by  taxation,  we  may  lose  our  power  to  exempt 
them  from  taxation.  But  we  now  have  power  to  exempt  churches 
from  taxation,  although  we  have  no  power  to  aid  them  with 
money  raised  by  taxation. 

The  first  article  of  amendment  to  the  Constitution  of  the 
United  States  provides  in  its  first  two  lines:  "Congress  shall 
make  no  law  respecting  an  establishment  of  religion,  or  prohibit- 
ing the  free  exercise  thereof;". 

This  article  is  the  first  of  twelve  submitted  by  Congress  to  the 
states  for  their  ratification,  and  it  was  one  of  ten  finally  ratified, 
and  thus  became  incorporated  into  the  Constitution.  These 
amendments  were  proposed  and  advocated  by  James  Madison 
of  Virginia,  a  member  of  the  original  Federal  Constitutional 
Convention,  through  whose  efforts,  in  the  main,  their  passage 
through  Congress  was  secured  [Story  on  the  Constitution,  Vol.  1, 
pp.  218,  219.  Sec.  303  and  note  (a)  p.  219]. 

Afterwards,  when  Mr.  Madison  was  President  of  the  United 
States,  he  was  so  fearful  of  violating  the  spirit  of  the  first  amend- 
ment that  he  refused  his  assent  to  a  bill  incorporating  an  Episco- 
pal Church  at  Alexandria  (Feb.  21,  1811),  and  also  a  bill  reserv- 
ing a  certain  parcel  of  public  land  in  Mississippi  for  the  use  of  a 
Baptist  Church  (Feb.  28,  1811)  [Story  on  the  Constitution,  Vol. 
2,  S.  1879,  note  p.  634]. 


1  See  vote  passed  on  August  23. 


WEDNESDAY,  AUGUST  22,  1917.  189 


FEBRUARY  21,  1811. 

To  the  House  of  Representatives  of  the  United  States. 

Having  examined  and  considered  the  bill  entitled  "An  act 
incorporating  the  Protestant  Episcopal  Church  in  the  town  of 
Alexandria,  in  the  District  of  Columbia,"  I  now  return  the  bill 
to  the  House  of  Representatives,  in  which  it  originated,  with 
the  following  objections: 

Because  the  bill  exceeds  the  rightful  authority  to  which  govern- 
ments are  limited  by  the  essential  distinction  between  civil  and 
religious  functions,  and  violates  in  particular  the  article  of  the 
Constitution  of  the  United  States  which  declares  that  "Congress 
shall  make  no  law  respecting  a  religious  establishment."  The  bill 
enacts  into  and  establishes  by  law  sundry  rules  and  proceedings 
relative  purely  to  the  organization  and  polity  of  the  church 
incorporated,  and  comprehending  even  the  election  and  removal 
of  the  minister  of  the  same,  so  that  no  change  could  be  made 
therein  by  the  particular  society  or  by  the  general  church  of 
which  it  is  a  member,  and  whose  authority  it  recognizes.  This 
particular  church,  therefore,  would  so  far  be  a  religious  establish- 
ment by  law,  a  legal  force  and  sanction  being  given  to  certain 
articles  in  its  constitution  and  administration.  Nor  can  it  be  con- 
sidered that  the  articles  thus  established  are  to  be  taken  as  the 
descriptive  criteria  only  of  the  corporate  identity  of  the  society, 
inasmuch  as  this  identity  must  depend  on  other  characteristics, 
as  the  regulations  established  are  generally  unessential  and 
alterable  according  to  the  principles  and  canons  by  which 
churches  of  that  denomination  govern  themselves,  and  as  the 
injunctions  and  prohibitions  contained  in  the  regulations  would 
be  enforced  by  the  penal  consequences  applicable  to  a  violation 
of  them  according  to  the  local  law. 

Because  the  bill  vests  in  the  said  incorporated  church  an  au- 
thority to  provide  for  the  support  of  the  poor  and  the  education 
of  poor  children  of  the  same,  an  authority  which,  being  altogether 
superfluous  if  the  provision  is  to  be  the  result  of  pious  charity, 
rould  be  a  precedent  for  giving  to  religious  societies  as  such  a 
jgal  agency  in  carrying  into  effect  a  public  and  civil  duty. 

JAMES  MADISON. 


FEBRUARY  28,  1811. 

"o-the  House  of  Representatives  of  the  United  States. 
Having  examined  and  considered  the  bill  entitled  "An  act  for 
e  relief  of  Richard  Tervin,  William   Coleman,  Edwin    Lewis, 
muel  Minis,  Joseph  Wilson,  and  the  Baptist  Church  at  Salem 
eeting  House,  in  the  Mississippi  Territory,"  I  now  return  the 
ame  to  the  House  of  Representatives,  in  which  it  originated, 
with  the  following  objection: 

Because  the  bill  in  reserving  a  certain  parcel  of  land  of  the 
United  States  for  the  use  of  said  Baptist  Church  comprises  a 
principle  and  precedent  for  the  appropriation  of  funds  of  the 
United  States  for  the  use  and  support  of  religious  societies,  con- 


190 


JOURNAL  OF  THE  CONVENTION, 


trary  to  the  article  of  the  Constitution  which  declares  that 
"Congress  shall  make  no  law  respecting  a  religious  establish- 
ment." 

JAMES  MADISON. 

Messages  and  Papers  of  the  Presidents,  1789-1897,  by  James  D.  Richard- 
son; Vol.  I,  pp.  489,  490. 

Recess. 

At  sixteen  minutes  before  one  o'clock,  on  motion  of  Mr. 
Parker  of  Lancaster,  recess  was  taken  until  two  o'clock;  at  which 
hour  the  Convention  reassembled. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Hibbard  of  Pittsfield  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Hibbard  to  take  the  chair. 

Subsequently  (Mr.  Pillsbury  of  Wellesley  being  in  the  chair) 
Mr.  Hibbard,  for  the  Committee,  reported  that  the  Resolution  to 
provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335)  had  been  under  consideration,  but  that  no  conclusion 
was  reached. 


At  seven  minutes  after  four  o'clock,  on  motion  of  Mr.  Dennis 
D.  Driscoll  of  Boston  (Mr.  Pillsbury  being  in  the  chair),  the  Con- 
vention adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Quorum. 


Initiative  and 
referendum. 


WEDNESDAY,  August  22,  1917. 
Mr.  Hibbard  of  Pittsfield  in  the  chair. 

Mr.  Trefry  of  Marblehead  moved  that  the  Sergeant-at-Arms 
be  instructed  to  secure  the  presence  of  a  quorum;  and  this  mo- 
tion was  adopted. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Sulli- 
van of  Salem  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


THURSDAY,  AUGUST  23,   1917.  191 


THURSDAY,  August  23,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Honorable  Nicholas  Murray  Butler. 

The  President  introduced  the  Honorable  Nicholas  Murray  President 
Butler,  LL.  D.,  Ph.  D.,  President  of  Columbia  University,  who  cdSSwL 
addressed  the  Convention  briefly.  University. 

Leave  of  Absence. 

On  motion  of  Mr.  Skerrett  of  Worcester,  - 

Ordered,  That  Daniel  J.  Marshall  of  Worcester  be  granted 
leave  of  absence,  in  order  that  he  may  attend  the  Reserve 
Officers'  Training  Camp  at  Plattsburg,  New  York. 

Payment  to  the  Widow  of  Walter  F.  Russell. 

Mr.  Twomey  of  Lawrence;  for  the  committee  on  Contingent  widow  of 
Expenses  and  Pay-Roll,  to  whom  was  referred  the  order  relative  R^eiuf 
to  allowing  to  Abigail  A.  Russell,  widow  of  WTalter  F.  Russell  of  Brockton. 
Brockton,  the  compensation  to  which  he  would  have  been  en- 
titled as  a  member  of  the  Convention  from  the  Tenth  Plymouth 
Representative  District,  reported  recommending  that  the  same 
ought  to  be  adopted. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 

Statements  to  be  Printed  in  the  Journal. 

On  motion  of  Mr.  Adams  of  Springfield,  — 

Ordered,  That  the  oral  statement  of  the  chairman  of  the  com-  statements 
mittee  on  Form  and  Phraseology,  and  the  written  statement  of 
the  chairman  of  the  committee  on  Bill  of  Rights,  made  for  their 
respective  committees,  on  August  15,  in  reference  to  free  public  emptionfrom 
libraries  in  connection  with  the  Resolution  relative  to  the  sup-  JJ^Sn 
port  of  certain  institutions  from  public  funds  (Doc.  No.  347),  be  institutions. 
printed  in  the  Journal  of  the  Convention;    also  that  the  written 
statement  of  the  chairman  of  the  committee  on  Bill  of  Rights, 
made  for  his  committee,  on  August  22,  upon  the  question  of  the 
exemption  from  taxation  of  church,  charitable  or  educational  in- 
stitutions in  connection  with  the  same  resolution,  be  so  printed. 

(Committee  of  the  Whole. 
n  motion  of  Mr.  Lowe  of  Fitchburg  the  Convention  resolved  §10enwhoiee  °f 
f  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
the  matters  on  its  Docket, 
he  President  appointed  Mr.  Lowe  to  take  the  chair. 


192 


JOURNAL  OF   THE   CONVENTION, 


initiative  and         Subsequently  Mr.  Lowe,  for  the  Committee,  reported  that  the 

referendum.          T»       •  i       •  -IP  i  T   i  •  ,...       . 

.Resolution  to  provide  tor  establishing  the  initiative  and  referen- 
dum (Doc.  No.  335)  had  been  under  consideration,  but  that  no 
conclusion  was  reached. 

Recess.  At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 

President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

On  *ke  aPPearance  of  a  quorum  the  Convention,  on  motion 
of  Mr.  Lowe  of  Fitchburg,  resolved  itself  into  Committee  of  the 
Whole,  for  the  purpose  of  considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Lowe  to  take  the  chair. 

Jeferen^umnd  Subsequently  Mr.  Lowe,  for  the  Committee,  reported  that  the 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


6  °f 


At  eleven  minutes  before  four  o'clock,  on  motion  of  Mr.  Park- 
man  of  Boston,  the  Convention  adjourned,  to  meet  tos-morrow  at 
half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Initiative  and 
referendum. 


THURSDAY,  August  23,  1917. 
Mr.  Lowe  of  Fitchburg  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Sulli- 
van of  Salem  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


id. 


Quorum. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Lowe  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate  Mr.  McCarthy  of  Marlborough  asked  for  a  count 
of  the  Committee  to  ascertain  if  a  quorum  was  present.  A 
count  showed  that  91  members  were  present. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  Committee  rise; 
and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


FRIDAY,  AUGUST  24,  1917.  193 


FRIDAY,  August  24,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Merritt  A.  Farren  of  Somerville, 
Corresponding  Secretary  of  the  Boston  Seamen's  Friend  Society. 

Leave  of  Absence. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,   That   Charles    F.   Choate,   Jr.,   of   Southborough   be  Charles  F. 
granted  leave  of  absence  for  two  weeks,  beginning  August  28,  Choate-Jr- 
to  comply  with  the  order  of  the  District  Court  of  the  United 
States  requiring  his  attendance  in  the  cities  of  Milwaukee  and 
Chicago. 

Members  Absent  in  Government  Service. 

The    consideration    of     the    following    order,    offered    by    Mr. 

^alker  of  Brookline,  was  postponed  until  the  next  session,  at 
the  request  of  Mr.  Buttrick  of  Lancaster:  — 

Ordered,   That  members  of  the  Convention  who   are  granted  JJ^^J 
leave  of  absence  on  account  of  military  or  naval  service  for  the  ment  service,  — 
national  government  be  authorized  to  arrange  to  be  paired  on 
questions  coming  before  the  Convention  on  which  the  yeas  and 
nays  are  ordered. 

he  following  resolution,  offered  by  Mr.  Parkman  of  Boston, 
unanimously  adopted  by  a  rising  vote:  — 

Whereas,  Messrs.  Theodore  W.  Ellis  of  Springfield,  Charles  P.  Id- 
ward  of  Reading,  George  H.  McCaffrey,  Jr.,  of  Boston,  John 
Murphy  of   Chelsea,  and   Daniel   J.   Marshall   of   Worcester, 
embers  of  the  Convention,  are  about  to  leave  for  the  Reserve 
Officers'  Training  Camp  at  Plattsburg,  New  York;  be  it 

Resolved,  That  the  members  of  the  Convention  extend  to  their 
colleagues  best  wishes  for  success,  with  hopes  for  an  early  return 
to  their  homes  after  having  done  their  share  in  making  demo- 
cracy triumphant. 

Public  Support  of  Agricultural  Organizations. 

A    communication    from    Wilfrid    WTheeler,    Secretary    of    the  Agricultural 
State   Board   of   Agriculture,    enclosing   a   copy   of   a   resolution  2I 
adopted  by  the  executive  committee  of  said  board  on  August  17,  support, 
requesting  that  agricultural  organizations  be  definitely  exempted 
from  the  operation  of  the  proposed  amendment  of  the  Constitu- 
tion prohibiting  the  support  of  certain  institutions  from  public 
funds,  was  placed  on  file. 


194 


JOURNAL  OF  THE  CONVENTION, 


Hour  of 
meeting  and 
adjournment. 


Id. 


"  Regulation 
of  the  Liquor 
Traffic  ". 


"Regulation  of 
Bill  Boards  ". 


Hour  of  Meeting  and  Adjournment. 

Mr.  Parker  of  Lancaster,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  following  order,  reported 
recommending  that  the  same  ought  not  to  be  adopted:  — 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  Con- 
vention shall  meet  at  10.30  o'clock  A.M.;  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.,  except  on  Fridays, 
the  President  shall  declare  an  adjournment  until  two  o'clock  P.M.; 
that,  whenever  the  .Convention  is  in  session  at  five  o'clock  P.M., 
the  President  shall  declare  an  adjournment  until  seven  o'clock 
P.M.;  that,  whenever  the  Convention  is  in  session  at  9.30  o'clock 
P.M.,  the  President  shall  declare  an  adjournment;  and  that, 
whenever  the  Convention  is  in  session  at  one  o'clock  P.M.  on  Fri- 
days, the  President  shall  declare  an  adjournment  until  the  fol- 
lowing Tuesday. 

This  order  shall  not  be  dispensed  with,  altered  or  repealed 
except  by  a  two-thirds  vote  of  the  members  present  and  voting, 
to  be  determined  by  a  call  of  the  yeas  and  nays. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 

Mr.  Walker  of  Brookline,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  following  order,  reported 
recommending  that  the  same  ought  not  to  be  adopted:  — 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  whenever 
the  Convention  is  in  session  at  half-past  four  o'clock  P.M.,  the 
President  shall  declare  an  adjournment;  and  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.  on  Fridays,  the 
President  shall  declare  an  adjournment  until  the  following  Mon- 
day at  one  o'clock  P.M. 

The  report  was  read;  and,  pending  the  question  on  the  adop- 
tion of  the  order,  it  was  withdrawn  by  Mr.  Walker,  there  being 
no  objection. 

Printing  of  Bulletins  of  Information. 

Mr.  Underhill  of  Somerville,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  following  order,  reported 
recommending  that  the  same  ought  to  be  adopted:  — 

Ordered,  That  there  be  printed  five  hundred  copies  of  the 
bulletin  on  the  "Regulation  of  the  Liquor  Traffic",  prepared  by 
the  commission  appointed  to  compile  information  and  data  for 
the  Convention. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Mr.  Boynton  of  Everett,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  following  order,  reported 
recommending  that  the  same  ought  to  be  adopted:  — 

Ordered,  That  there  be  printed  five  hundred  copies  of  the 
bulletin  on  "  Regulation  of  Bill  Boards  ",  prepared  by  the  commis- 
sion appointed  to  compile  information  and  data  for  the  Con- 
vention. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 


FRIDAY,  AUGUST  24,  1917.  195 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  following  order,  reported 
recommending  that  the  same  ought  to  be  adopted:  — 

Ordered,  That  the  Secretary  of  the  Convention  be  authorized  Proposals  to 

_,  i     .    «  01  amend  the 

to  print  as  a  Convention  document  a  brief  summary  of  those  Constitution,— 
propositions   for   amending   the    Constitution   which   have   been  8X 
favorably  reported  by  committees,  or  still  remain  in  their  hands 
for  further  consideration. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted.  (See  Doc.  No.  349.) 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
rders  of  the  Day. 

The  following  order  was  adopted:  — 

Ordered,  That  there  be  allowed  and  paid  to  Abigail  A.  Russell,  JfcJjJJ? 
ddow  of  Walter  F.  Russell  of  Brockton,  the  compensation  to  RusseUof 
rhich  he  would  have  been  entitled  as  a  member  of  the  Conven-  Brockton- 
ion  from  the  Tenth  Plymouth  Representative  District. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Skerrett  of  Worcester  the  Convention  re-  Committee  of 
>lved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  the  whole- 
>nsidering  the  matters  on  its  Docket. 
The  President  appointed  Mr.  Skerrett  to  take  the  chair. 

Subsequently  Mr.  Skerrett,  for  the  Committee,  reported  that  initiative  and 
the   Resolution   to   provide   for   establishing   the   initiative   and  re 
jferendum  (Doc.  No.  335)  had  been  under  consideration,  but 
lat  no  conclusion  was  reached. 


At  ten  minutes  before  one  o'clock,  on  motion  of  Mr.  Brown 
)f  Brockton,  the  Convention  adjourned,  to  meet  on  Tuesday  next 
it  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


FRIDAY,  August  24,  1917. 
Mr.  Skerrett  of  Worcester  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate  Mr.  Richardson  of  Newton  asked  for  a  count  of  Quorum 
the  Committee  to  ascertain  if  a  quorum  was  present.     A  count 
showed  that  117  members  were  present. 

Mr.  Youngman  of  Boston  moved  that  the  Committee  rise;  and 
this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


196 


JOURNAL   OF   THE   CONVENTION, 


TUESDAY,  August  28,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Daniel  A.  Poling  of  Newton,  Asso- 
ciate President  of  the  United  Society  of  Christian  Endeavor. 


Reports  of 
committees, 
extension  of 
time. 


Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  - 
Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  the  Judiciary,  State  Administration,  and 
State  Administration  and  the  Executive  (sitting  jointly)  be 
granted  until  Tuesday,  September  4,  in  which  to  report  on 
matters  before  them. 


James  J. 
Moynihan. 


Joseph  F. 
O'Connell. 


Leave  of  Absence. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  - 
Ordered,  That  James  J.  Moynihan  of  Boston  be  granted  leave 
of  absence,  under  Rule  13,  on  account  of  the  death  of  his  mother. 

On  motion  of  Mr.  Parker  of  Lancaster,  — 

Ordered,  That  Mr.  O'Connell  of  Boston  be  granted  leave  of 
absence  for  one  week,  under  Rule  13,  for  the  purpose  of  attend- 
ing, as  a  commissioner  from  Massachusetts,  the  conference,  at 
Saratoga,  New  York,  of  commissioners  on  uniformity  of  legisla- 
tion in  the  United  States. 


Members 
absent  in 
government 
service,  — 
arrangement 
of  pairs. 


Rule  32,  — 
limit  of 
debate. 


Members  Absent  in  Government  Service. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  referred  to  the  committee  on  Rules  and 
Procedure,  on  motion  of  Mr.  Luce  of  Waltham :  — 

Ordered,  That  members  of  the  Convention  who  are  granted 
leave  of  absence  on  account  of  military  or  naval  service  for  the 
national  government  be  authorized  to  arrange  to  be  paired  on 
questions  coming  before  the  Convention  on  which  the  yeas  and 
nays  are  ordered. 

Limit  of  Debate. 

The  following  order,  offered  by  Mr.  Powers  of  Newton,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
the  same  member:  — 

Ordered,  That  Rule  32  be  amended  by  .adding  after  the  words 
"*and  a  member  may  speak  more  than  once"  the  words  ",  but 
no  speech  shall  exceed  forty-five  minutes",  so  that  the  clause 
shall  read  as  follows:  "and  a  member  may  speak  more  than 
once,  but  no  speech  shall  exceed  forty-five  minutes." 


TUESDAY,  AUGUST  28,   1917.  197 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  order  (offered  by  Mr.  Finn  of  Chelsea)  was  con- 
sidered; and  after  debate  it  was  rejected,  as  recommended  by 
the  committee  on  Rules  and  Procedure:  — 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  Con-  Hourofmeet- 
vention  shall  meet  at  10.30  o'clock  A.M.;  that,  whenever  the 
Convention  is  in  session  at  one  o'clock  P.M.,  except  on  Fridays, 
the  President  shall  declare  an  adjournment  until  two  o'clock 
P.M.;  that,  whenever  the  Convention  is  in  session  at  five  o'clock 
P.M.,  the  President  shall  declare  an  adjournment  until  seven 
o'clock  P.M.;  that,  whenever  the  Convention  is  in  session  at  9.30 
o'clock  P.M.,  the  President  shall  declare  an  adjournment;  and 
that,  whenever  the  Convention  is  in  session  at  one  o'clock  P.M. 
on  Fridays,  the  President  shall  declare  an  adjournment  until  the 
following  Tuesday. 

This  order  shall  not  be  dispensed  with,  altered  or  repealed 
except  by  a  two-thirds  vote  of  the  members  present  and  voting, 
to  be  determined  by  a  call  of  the  yeas  and  nays. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Boynton  of  Everett  the  Convention  resolved 
self  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
ig  the  matters  on  its  Docket. 
The  President  appointed  Mr.  Boynton  to  take  the  chair. 

Subsequently  Mr.  Boynton,  for  the  Committee,  reported  that  initiative  and 
te  Resolution  to  provide  for  establishing  the  initiative  and  ref-  re 
mdum  (Doc.  No.  335)  had  been  under  consideration,  but  that 
10  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
resident  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 


On  motion  of  Mr.  Boynton  of  Everett  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
g  the  matters  on  its  Docket. 
The  President  appointed  Mr.  Boynton  to  take  the  chair. 

Subsequently  Mr.  Boynton,  for  the  Committee,  reported  that  initiative  and 
e  Resolution  to  provide  for  establishing  the  initiative  and  ref-  refe 
endum  (Doc.  No.  335)  had  been  under  consideration,  but  that 
o  conclusion  was  reached. 


At  one  minute  after  four  o'clock,  on  motion  of  Mr.  Lowe  of 
Fitchburg  (Mr.  WTashburn  of  Worcester  being  in  the  chair),  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


II 


198 


JOURNAL   OF  THE   CONVENTION, 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


Initiative  and 
referendum. 


Mr.  Bellinger, 
—  amend- 
ments. 


TUESDAY,  August  28,  1917. 
Mr.  Boynton  of  Everett  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

Mr.  Dellinger  of  Wakefield  moved  that  the  resolution  be 
amended  as  follows:  — 

By  striking  out,  in  line  5,  the  words  "and  amendments  to  the 
constitution  "; 

By  striking  out  lines  13  to  35,  inclusive,  as  follows:  - 

"  If  an  initiative  petition  for  any  specific  and  particular  amend- 
ment to  the  constitution  is  introduced  into  the  general  court,  in 
the  manner  hereinafter  provided,  signed  by  not  less  than  forty 
thousand  qualified  voters  of  the  commonwealth,  and  the  general 
court  into  which  it  is  introduced  shall  fail  to  agree  to  such 
amendment  in  the  manner  provided  in  the  ninth  article  of  amend- 
ment to  the  constitution,  such  amendment  shall  nevertheless  be 
deemed  to  be  referred  to  the  next  general  court  and  shall  have 
the  same  standing  therein  as  if  once  agreed  to;  and  if  such  next 
general  court  shall  fail  before  the  first  Wednesday  of  June  to 
agree  to  such  amendment  in  the  manner  provided  in  such  ninth 
article,  and  if  such  initiative  petition  is  completed  by  filing  with 
the  secretary  of  the  commonwealth,  not  earlier  than  the  first 
Wednesday  of  the  following  July  nor  later  than  the  first  Wednes- 
day of  the  following  August  not  less  than  ten  thousand  additional 
signatures  of  such  qualified  voters,  then  the  secretary  of  the  com- 
monwealth shall  submit  such  proposed  amendment  to  the  people 
at  the  next  state  election;  and  if  it  shall  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  such  amendment 
shall  become  part  of  the  constitution  of  this  commonwealth."; 

By  striking  out,  in  line  56,  in  lines  62  and  63,  and  in  line  77, 
the  words  "constitutional  amendment  or";  by  striking  out,  in 
line  65,  the  words  "or  an  amendment  to  the  constitution"; 

By  striking  out,  in  lines  161  and  162,  the  words  "amendment 
to  the  constitution,  and  each";  and 

By  striking  out  lines  168,  169  and  170,  as  follows: 
"In  the  case  of  an  amendment  to  the  constitution: 
Shall  an  amendment  to  the  constitution  [here  insert 
description]  be  approved?" 

After  debate,  and  without  action  on  the  resolution,  Mr.  Cole- 
man  of  Boston  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


YES. 

NO. 

TUESDAY,  AUGUST  28,   1917. 


199 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Boynton  being  in  the  chair. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for  inithtiveand 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was  referendum- 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Kinney 
Boston  moved  that  the  Committee  rise;    and  this  motion  was 

lopted. 

Accordingly  the  Committee  rose. 


200 


JOURNAL   OF   THE    CONVENTION, 


WEDNESDAY,  August  29,  1917. 

Met  according  to  adjournment,  at  half -past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Charles  W.  Henry  of  Andover. 


Elmer  L. 
Curtiss. 


Augustus  W. 
Perry. 


Leave  of  Absence. 

On  motion  of  Mr.  Kelley  of  Rockland,  — 

Ordered,  That  Mr.  Curtiss  of  Hingham  be  granted  leave  of 
absence,  under  Rule  13,  from  Tuesday,  September  11,  to  Friday, 
September  14,  inclusive,  on  account  of  business  engagements 
outside  the  Commonwealth. 

On  motion  of  Mr.  McCormack  of  Boston,  — 
Ordered,  That  Mr.  Perry  of  Boston  be  granted  leave  of  absence, 
under  Rule  13,  because  of  illness. 


Initiative  and 
referendum. 


Endorsement  of  a  Resolution. 

Mr.  Harriman  of  New  Bedford  presented  a  communication 
from  Boston  Typographical  Union  No.  13,  endorsing  the  Resolu- 
tion to  provide  for  establishing  the  initiative  and  referendum 
(Doc.  No.  335);  and  the  same  was  placed  on  file. 


Public  funds, 
—  appropria- 
tion. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Committee  of 
the  Whole. 


Engrossed  Resolution. 

The  engrossed  Resolution  relative  to  the  support  of  certain 
institutions  from  public  funds  (see  Doc.  No.  348)  was  laid  before 
the  Convention;  and  the  President  stated  that  it  would  be 
placed  in  the  Orders  of  the  Day  for  the  next  session. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Brackett  of  Arlington  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Brackett  to  take  the  chair. 

Subsequently  Mr.  Brackett,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  eight  minutes  before  one  o'clock,  on  motion  of  Mr.  Logan 
of  Worcester,  recess  was  taken  until  two  o'clock;  at  which  hour 
the  Convention  reassembled. 

On  motion  of  Mr.  Brackett  of  Arlington  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Brackett  to  take  the  chair. 


WEDNESDAY,  AUGUST  29,   1917.  201 

Subsequently  Mr.  Brackett,  for  the  Committee,  reported  that  initiative  and 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref-  referendum- 
erendum  (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


At  one  minute  before  four  o'clock,  on  motion  of  Mr.  Montague 
of  Boston,  the  Convention  adjourned,  to  meet  to-morrow  at  half- 
past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


WEDNESDAY,  August  29,  1917. 
Mr.  Brackett  of  Arlington  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

Mr.  Thompson  of  North  Attleborough  moved  that  the  resolu-  Mr.  Thomp- 
tion  be  amended  by  adding  at  the  end  thereof  the  following  para-  meAt7amend 
graph:  - 

"Article  XLII  of  the  amendments  of  the  Constitution  is  hereby 
repealed." 

After  debate,  and  without  action  on  the  resolution,  Mr.  Powers 
of  Newton  moved  that  the  Committee  rise;  and  this  motion  was 
lopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Brackett  being  in  the  chair. 

On  motion  of  Mr.  Davis  of  Cambridge  the  Sergeant-at-Arms  Quorum. 
was  instructed  to  secure  the  presence  of  a  quorum. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for  initiative  and 
establishing  the  initiative  and  referendum   (Doc.  No.  335)   was  referendum- 
considered  further.  t 

After  debate,  and  without  action  on  the  resolution,  Mr.  Ander- 
son of  Brookline  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


202 


JOURNAL  OF  THE  CONVENTION, 


Charles  P. 
Curtis,  Jr. 


Daniel  A. 
Martin. 


Limit  of 
debate. 


Public  funds, 
—  appropria- 
tion. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


THURSDAY,  August  30,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  George  H.  Spencer  of  Boston. 

Leave  of  Absence. 

On  motion  of  Mr.  Bangs  of  Boston,  — 

Ordered,  That  Mr.  Charles  P.  Curtis,  Jr.,  of  Boston  be  granted 
leave  of  absence,  under  Rule  13,  he  having  entered  the  naval 
service  of  the  United  States. 

On  motion  of  Mr.  Avery  of  Holyoke,  — 

Ordered,  That  Mr.  Martin  of  Holyoke  be  granted  leave  of 
absence,  under  Rule  13,  in  order  that  he  may  enter  the  military 
service  of  the  United  States  and  report  for  duty  at  Camp  Devens 
at  Ayer. 

Limit  of  Debate. 

The  following  order,  offered  by  Mr.  Swig  of  Taunton,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
the  same  member:  — 

Ordered,  That,  when  a  proposition  shall  have  been  under  dis- 
cussion for  three  full  legislative  days  in  Committee  of  the  Whole, 
members  shall  be  limited  to  fifteen  minute  speeches,  and  no 
member  shall  speak  more  than  once  without  leave. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  engrossed  Resolution  relative  to  the  support  of  certain  in- 
stitutions from  public  funds  (see  Doc.  No.  348)  was  considered. 

Mr.  Brackett  of  Arlington  moved  that  the  further  considera- 
tion of  the  resolution  be  postponed  until  Thursday  next,  first  in 
the  Orders  of  the  Day;  and  this  motion,  after  debate,  was  nega- 
tived. 

After  further  debate  the  Convention  voted  to  submit  the  reso- 
lution to  the  people. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Pelletier  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pelletier  to  take  the  chair. 

Subsequently  Mr.  Pelletier,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


THURSDAY,  AUGUST  30,  1917.  203 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Pelletier  of  Boston  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pelletier  to  take  the  chair. 

Subsequently  (Mr.  Pillsbury  of  Wellesley  being  in  the  chair) 
Mr.  Pelletier,  for  the  Committee,  reported  that  the  Resolution 
to  provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335)  had  been  under  consideration,  but  that  no  conclusion 
was  reached. 


At  eight  minutes  before  four  o'clock,  on  motion  of  Mr.  George 
of  Haverhill  (Mr.  Pillsbury  being  in  the  chair),  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


THURSDAY,  August  30,  1917. 
Mr.  Pelletier  of  Boston  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Cusick 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 

After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Pelletier  being  in  the  chair. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for  initiative  and 
establishing  the  initiative  and  referendum   (Doc.  No.  335)   was  referendum- 
considered  further. 

(After  debate,  and  without  action  on  the  resolution,  Mr.  Dennis 
D.  Driscoll  of  Boston  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


204 


JOURNAL  OF  THE  CONVENTION, 


Herbert  E. 
Cummings. 


Henry  H. 
Wheelock. 


Committee  of 
the  Whole. 


FRIDAY,  August  31,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Warren  P.  Landers  of  Brockton, 
Secretary  of  the  Massachusetts  Total  Abstinence  Society. 

Leave  of  Absence. 

On  motion  of  Mr.  Williams  of  Brookline,  — 
Ordered,  That  Mr.  Cummings  of  North  Brookfield  be  granted 
leave  of  absence,  under  Rule  13,  because  of  illness. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,  That  Mr.  Wheelock  of  Fitchburg  be  granted  leave  of 
absence,  under  Rule  13,  he  having  entered  the  military  service  of 
the  United  States. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Hall  of  Taunton  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  matters  on  its  Docket. 

The  President  appointed  Mr.  Hall  to  take  the  chair. 

Subsequently  Mr.  Hall,  for  the  Committee,  reported  that  the 
Resolution  to  provide  for  establishing  the  initiative  and  referen- 
dum (Doc.  No.  335)  had  been  under  consideration,  but  that  no 
conclusion  was  reached. 


At  two  minutes  before  one  o'clock,  on  motion  of  Mr.  Dennis  D. 
Driscoll  of  Boston,  the  Convention  adjourned,  to  meet  on  Tues- 
day next  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


Initiative  and 
referendum. 


Quorum. 


FRIDAY,  August  31,  1917. 
Mr.  Hall  of  Taunton  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

On  motion  of  Mr.  Moriarty  of  Boston  the  Sergeant-at-Arms 
was  instructed  to  secure  the  presence  of  a  quorum. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Ayl- 
ward  of  Cambridge  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


TUESDAY,  SEPTEMBER  4,  1917.  205 


TUESDAY,  September  4,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Wilson  Ezra  Vandermark  of  Cam- 
bridge. 

Extension  of  Time  for  Certain  Reports. 
On  motion  of  Mr.  Dale  of  Watertown,  — 
Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 

the   Constitution,    the   Judiciary,    State   Administration    and  committees  - 
State    Administration    and    the    Executive    (sitting    jointly)    be  SST 
granted   until   Tuesday,    September   11,   in   which   to   report   on 
matters  before  them. 

Limit  of  Debate. 

The  consideration  of  the  following  order,  offered  by  Mr.  Hart 
of  Cambridge,  was  postponed  until  the  next  session,  at  the  request 
of  Mr.  Sullivan  of  Salem:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  re-  Limit  of 
quested  to  report  a  rule  for  the  limitation  of  debate  on  all  prop-  debate- 
ositions  which  may  come  before  the  Convention,  with  suitable 
exceptions  for  the  introducer  and  one  opponent  of  a  measure, 
and  an  allowance  for  time  consumed  by  questions  from  other 
members  and  by  necessary  replies  thereto. 

The  consideration  of  the  following  order,  offered  by  Mr.  Dutch 
of  Winchester,  was  postponed  until  the  next  session,  at  the  request 
of  Mr.  Sullivan  of  Salem:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  re-  id. 
quested  to  report  to  the  Convention  at  its  next  session,  with  or 
without    recommendation,    (1)    the    order   referred    to    them  on 
August  28,  proposing  an  amendment  of  Rule  32,  and  (2)  a  draft 
of  a  corresponding  amendment  of  Rule  18. 

The  consideration  of  the  following  order,  offered  by  Mr.  Hobbs 
of  Worcester,  was  postponed  until  the  next  session,  at  the  re- 
quest of  the  same  member:  — 

Ordered,  That  debate  in  Committee  of  the  Whole  on  Docu-  initiative  and 
ment   No.    335   and   amendments   thereto   be   limited   to   thirty  SS?^unlf"" 
minutes  to  each  speaker,  except  that  four  speakers,  two  to  be  debate, 
chosen  by  the  majority  and  two  by  the  minority  of  the  com- 
mittee on  the  Initiative  and  Referendum,  be  allowed  one  hour 
each:  provided,   that   the   Committee  of  the   Whole  may  in   its 
discretion  extend  the  time  of  any  speaker. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  Convention  re-  Committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  the  Whole- 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pillsbury  to  take  the  chair. 


206 


JOURNAL  OF  THE  CONVENTION, 


Initiative  and 
referendum. 


Recess. 


Subsequently  Mr.  Pillsbury,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  four  minutes  before  one  o'clock,  on  motion  of  Mr.  Trefry 
of  Marblehead,  recess  was  taken  until  two  o'clock;  at  which 
hour  the  Convention  reassembled. 

Committee  of  On  motion  of  Mr.  Pillsbury  of  Wellesley  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pillsbury  to  take  the  chair. 

Jeferendumnd  Subsequently  Mr.  Pillsbury,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


At  nine  minutes  after  four  o'clock,  on  motion  of  Mr.  Lowe  of 
Fitchburg,  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


[nitiative  and 
referendum. 


Quorum. 


Initiative  and 
referendum. 


TUESDAY,  September  4,  1917. 
Mr.  Pillsbury  of  Wellesley  in  the  chair. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Clark 
of  Brockton  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  ol  its 
Docket,  Mr.  Pillsbury  being  in  the  chair. 

Mr.  Washburn  of  Worcester  asked  for  a  count  of  the  Com- 
mittee to  ascertain  if  a  quorum  was  present.  A  count  showed 
that  64  members  were  present. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Hart 
of  Cambridge  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


WEDNESDAY,  SEPTEMBER  5,  1917.  207 


WEDNESDAY,  September  5,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  J.  Walker  of  Newton,  Treasu- 
rer of  the  Massachusetts  Home  Missionary  Society. 

Leave  of  Absence. 

On  motion  of  Mr.  Crosby  of  Arlington,  — 

Ordered,  That  Mr.  French  of  Randolph  be  granted  leave  of  Asa  P.  French, 
absence,  under  Rule  13,  for  such  sessions  or  portions  of  sessions, 
during  the  current  week,  as  may  be  necessary  to  enable  him  to 
perform  his  duties  as  a  member  of  a  local  exemption  board. 

Limit  of  Debate. 

Mr.  Underbill  of  Somerville,  for  the  committee  on  Rules  and 
Procedure,  to  whom  were  referred  the  order  offered  by  Mr. 
Powers  of  Newton  on  August  28  and  the  order  offered  by 
Mr.  Swig  of  Taunton  on  August  30,  relative  to  limiting  debate 
in  Committee  of  the  Whole,  reported  recommending  the  adop- 
tion of  the  following  order  (being  identical  with  the  order  offered 
at  the  last  session  by  Mr.  Hobbs  of  Worcester) :  — 

Ordered,  That  debate  in  Committee  of  the  Whole  on  Docu- 
ment No.  335  and  amendments  thereto  be  limited  to  thirty 
minutes  to  each  speaker,  except  that  four  speakers,  two  to  be 
chosen  by  the  majority  and  two  by  the  minority  of  the  com- 
mittee on  the  Initiative  and  Referendum,  be  allowed  one  hour 
each:  provided,  that  the  Committee  of  the  Whole  may  in  its 
discretion  extend  the  time  of  any  speaker. 

Mr.  Collins  of  Amesbury  asked  for  a  count  of  the  Convention,  Quorum, 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  118 
members  were  present. 

Soon  after,  Mr.  Luce  of  Waltham  moved  that  the  roll  of  the 
Convention  be  called,  to  ascertain  if  a  quorum  was  present;  and 
this  motion  prevailed. 

The  roll  was  called;  and  170  members  answered  to  their  names, 
as  follows:  — 

Messrs.  Adams,  Brooks  Messrs.  Bassett,  Edmund 

Adams,  Charles  Francis  Batchelder,  Albert  W. 

I          Adams,  Scott  Bates,  John  L. 

Adams,  Smith  J.  Bauer,  Ralph  S. 

Anderson,  Frederick  L.  Bennett,  Frank  P. 


Anderson,  George  W.  Bergengren,  Roy  F. 

Avery,  Nathan  P.  Bodfish,  John  D.  W. 

Aylward,  James  F.  Bosworth,  Henry  H. 

Bailey,  Charles  O.  Boucher,  Joseph  Zoel 

Bangs,  Francis  R.  Boyden,  Frank  L. 

Bartlett,  Horace  I.  Boyer,  Elmer  E. 


208 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Boynton,  Thomas  J. 
Bracket!,  John  Q.  A. 
Brennan,  James  J. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crosby,  J.  Howell 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Davis,  Elbridge  G. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Foss,  George  H. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 


Messrs.  Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James.  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Morton,  James  M. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Shea,  John  M. 
Shea,  John  T. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 


WEDNESDAY,  SEPTEMBER  5,  1917.  209 

Messrs.  Thompson,  Edward  Messrs.  Weekes,  George  LeRoy 

Thompson,  John  L.  Wellman,  Arthur  Holbrook 

Trefry,  William  D.  T.  White,  John  A. 

Turner,  Joseph  Whittier,  Eugene  P. 

Underbill,  Charles  L.  Willett,  George  Franklin 

Walker,  Joseph  Williams,  Fred  Homer 

Washburn,  Albert  H.  Wing,  Herbert 

Waterman,  George  B.  Winslow,  Guy  M. 

Therefore  it  appeared  that  a  quorum  was  then  present. 
After   debate   the   order   recommended   by   the   committee   on 
Rules  and  Procedure  was  adopted. 

The  following  order,  offered  by  Mr.  Hart  of  Cambridge,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
that  member:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  re-  Limit  of 
quested  to  report  a  rule  for  the  limitation  of  debate  on  all  prop-  debate- 
ositions  which  may  come  before  the  Convention,  with  suitable 
exceptions  for  the  introducer  and  one  opponent   of    a   measure, 
and   an   allowance  for  time  consumed  by  questions  from  other 
members  and  by  necessary  replies  thereto. 

The  following  order,  offered  by  Mr.  Dutch  of  Winchester,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
withdrawn  by  that  member,  there  being  no  objection:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  re-  id. 
quested  to  report  to  the  Convention  at  its  next  session,  with  or 
without   recommendation,    (1)    the    order   referred    to    them    on 
August  28,  proposing  an  amendment  of  Rule  32,  and  (2)  a  draft 
of  a  corresponding  amendment  of  Rule  18. 

The  order  offered  by  Mr.  Hobbs  of  Worcester,  the  consideration  id. 
of  which  was  postponed  from  the  last  session,  was  withdrawn  by 
that  member,  there  being  no  objection. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Luce  of  Waltham  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consid- 
ering the  matters  on  its  Docket. 

The  President  appointed  Mr.  Morton  of  Fall  River  to  take 
the  chair,  stating  that  the  day  marked  Judge  Morton's  eightieth 
birthday  anniversary.  The  appointment  was  received  with  dem- 
onstrations of  approval. 

Subsequently  Mr.  Morton,  for  the  Committee,  reported  that  initiative  and 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref-  re 
erendum  (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 


V^Ulli 


210 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


JOURNAL   OF  THE   CONVENTION, 

On  motion  of  Mr.  Morton  of  Fall  River  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Morton  to  take  the  chair. 

Subsequently  Mr.  Morton,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


At  one  minute  after  four  o'clock,  on  motion  of  Mr.  Blackmur 
of  Quincy,  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


JOUENAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Initiative  and 
referendum. 


WEDNESDAY,  September  5,  1917. 
Mr.  Morton  of  Fall  River  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Bates 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


Quorum. 


Initiative  and 
referendum. 


After  the  recess  the  Committee*  resumed  consideration  of  its 
Docket,  Mr.  Morton  being  in  the  chair. 

On  motion  of  Mr.  Brown  of  Brockton  the  Sergeant-at-Arms 
was  instructed  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr. 
Newton  of  Everett  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


THURSDAY,  SEPTEMBER  G,   1917.  211 


THURSDAY,  September  6,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  C.  Harrison  Davis  of  Winchester. 

Leave  of  Absence. 

On  motion  of  Mr.  Blackmur  of  Quincy,  — 

Ordered,  That  Mr.  McAnarney  of  Quincy  be  granted  leave  of 
absence,  under  Rule  13,  from  September  18  to  24,  inclusive,  in 
order  that  he  may  attend  to  urgent  business  affairs  in  New  York. 

Payment  to  the  Widow  of  Dana  Malone. 

On  motion  of  Mr.  Putnam  of  Westfield,  — 

Ordered,  That  there  be  allowed  and  paid  to  Margaret  B. 
Malone  of  Greenfield,  widow  of  Dana  Malone,  the  balance  of 
the  compensation  to  which  Mr.  Malone  would  have  been  en- 
titled had  he  lived  to  complete  his  service  as  a  member  of  the 
Convention. 

Submission  of  Amendments  to  the  People. 

The  consideration  of  the  following  order,  offered  by  Mr. 
McCormack  of  Boston,  was  postponed  until  the  next  session,  at 
the  request  of  Mr.  Underbill  of  Somerville:  — 

Ordered,  That,  in  the  event  of  the  deliberations  of  the  Con-  submission  of 
vention  not  having  been  concluded  on  or  before  the  date  wherein  ^t^JgJJ*8 
the  ballot  for  the  state  election  for  the  year  1917  must  be  pre-  state  election. 
pared  for  printing,  the  committee  on  Rules  and  Procedure  con- 
sider the  expediency  of  the  Convention  submitting  to  the  people 
at  the  coming  state  election  such  alterations  or  amendments  of 
the  Constitution  as  shall  be  duly  authorized  and  engrossed. 

Committee  of  the  Whole. 

n  motion  of  Mr.  Harriman  of  New  Bedford  the  Convention  committee  of 
olved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  theWnole- 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Harriman  to  take  the  chair. 

Subsequently  Mr.  Harriman,  for  the  Committee,  reported  that  initiative  and 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref-  referendum- 
erendum  (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 


212 


JOURNAL  OF  THE  CONVENTION, 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


On  motion  of  Mr.  Harriman  of  New  Bedford  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Harriman  to  take  the  chair. 

Subsequently  (Mr.  Walker  of  Brookline  being  in  the  chair) 
Mr.  Harriman,  for  the  Committee,  reported  that  the  Resolution 
to  provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335)  had  been  under  consideration,  but  that  no  conclusion 
was  reached. 


At  seventeen  minutes  after  four  o'clock,  on  motion  of  Mr. 
Sullivan  of  Salem  (Mr.  Walker  being  in  the  chair),  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


Initiative  and 
referendum. 


Mr.  Loring.  — 
amendments. 


THURSDAY,  September  6,  1917. 
Mr.  Harriman  of  New  Bedford  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 
.  After  debate  Mr.  Loring  of  Beverly  moved  that  the  resolution 
be  amended  as  follows:  — 

By  striking  out,  in  line  5,  the  words  "and  amendments  to  the 
constitution"; 

By  striking  out  lines  13  to  35,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"If  at  any  time  hereafter  any  specific  and  particular  amend- 
ment or  amendments  to  the  constitution  be  proposed  in  the 
general  court,  the  two  houses  thereof  shall  meet  together  in  a 
joint  session  and  the  president  of  the  senate  shall  preside. 
If  any  such  amendment  shall  be  agreed  to  at  such  joint  session 
by  a  majority  of  all  the  members  elected  to  the  general  court, 
it  shall  be  entered  upon  the  journals  of  the  two  houses  with  the 
yeas  and  nays  thereon,  and  referred  to  the  general  court  then 
next  to  be  chosen,  and  shall  be  published;  and  in  the  general 
court  next  chosen  as  aforesaid,  the  two  houses  thereof  shall 
meet  together  in  a  joint  session  and  the  president  of  the  senate 
shall  preside.  If  any  such  amendment  shall  again  be  agreed  to 
by  a  majority  of  all  the  members  elected  to  the  general  court, 
it  shall  then  be  the  duty  of  the  general  court  to  submit  such 
amendment  or  amendments  to  the  people;  and  such  of  them  as 
may  be  approved  and  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon  at  an  election  duly  called  for  that  purpose 
shall  become  part  of  the  constitution  of  this  commonwealth. 
If  the  two  houses  are  unable  to  agree  upon  a  time  for  a  joint 
session  for  voting  upon  an  amendment  or  amendments  to  the 


THURSDAY,  SEPTEMBER  6,   1917.  213 

constitution,  the  governor  of  the  commonwealth  shall  appoint 
the  time  for  such  joint  session."; 

By  striking  out,  in  line  56,  in  lines  62  and  63,  and  in  line  77, 
the  words  "constitutional  amendment  or"; 

By  striking  out,  in  line  65,  the  words  "or  an  amendment  to 
the  constitution"; 

By  striking  out,  in  lines  161  and  162,  the  words  "proposed 
amendment  to  the  constitution,  and  each"; 

By  striking  out,  in  line  167,  the  word  "provisions",  and  in- 
serting in  place  thereof  the  word  "provision"; 

By  striking  out  lines   168,   169  and  170;    and 

By  striking  out,  in  line  171,  the  words  "In  the  case  of  a 
Law:". 

After  debate,  and  without  action  on  the  resolution,  Mr.  Hart 
of  Cambridge  moved  that  the  Committee  rise;  and  this  motion 
was  adopted. 

Accordingly  the  Committee  rose. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Harriman  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Bates 
of  Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


214 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  September  7,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Quorum. 

Quorum.  ]\£r    Dutch  of  Winchester  moved  that  the  roll  of  the   Con- 

vention be  called,  to  ascertain  if  a  quorum  was  present;    and 
this  motion  prevailed. 

The  roll  was  called;  and  178  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 


Messrs.  Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 


FRIDAY,   SEPTEMBER  7,   1917. 


215 


Messrs.  Gleason,  Nesbit  G. 
Good,  John  P. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Mancovitz,  David 
Mansfield,  John  J. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 

IMoynihan,  James  J. 
Myron,  John  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connor,  John  D. 


Messrs.  Parker,  Herbert 
Parkman,  Henry 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Shea,  John  T.     . 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


Limit  of  Debate. 

Mr.  Coombs  of  Worcester  moved  that,  unless  a  vote  shall  be  Limit  of 
sooner  reached,  debate  in  Committee  of  the  Whole  on  the  Reso- 
lution to  provide  for  establishing  the  initiative  and  referendum 
(Doc.  No.  335)  be  closed  at  half-past  two  o'clock  P.M.  on  Thurs- 

ty,  September  13. 
Mr.  Luce  of  Waltham  moved  that  the  motion  be  amended  by 
e  substitution  of  the  following:  — 
"  That  the  time  for  debate  in  Committee  of  the  Whole  at  the 
orning  session  of  Wednesday  next  on  the  Resolution  to  provide 
for  establishing  the  initiative  and  referendum  (Doc.  No.  335)  be 


Mr.  Luce  — 

amendment. 


216 


JOUKNAL   OF 'THE   CONVENTION, 


Mr.  Lummus, 
—  amend- 
ment. 


Mr.  Washburn, 
—  amend- 
ment. 


Amendments 
adopted. 


equally  divided  between  two  speakers,  one  representing  the 
minority  and  one  the  majority  of  the  committee  on  Initiative 
and  Referendum,  and  that  the  time  at  the  afternoon  session  of 
the  same  day  be  likewise  divided,  general  debate  on  the  measure 
to  close  at  four  o'clock  P.M.;  that  amendments  be  taken  up 
Thursday  next  in  the  order  of  the  paragraphs  to  which  they 
relate,  each  speaker  on  each  amendment  to  be  limited  to  five 
minutes,  [A]  no  delegate  to  speak  more  than  once  on  any  one 
amendment,  the  debate  on  each  amendment  not  to  exceed  one- 
half  hour,  with  five  minutes  additional  for  a  member  of  the 
committee,  and  the  vote  on  the  amendments  to  each  paragraph 
to  be  taken  before  proceeding  to  the  next  paragraph;  that  amend- 
ments offered  on  or  before  Wednesday  be  printed  in  a  special 
docket;  and  that  the  chairman  of  the  Committee  of  the  Whole 
entertain  hereafter  no  motion  to  extend  the  time  of  any  speaker 
on  either  the  main  question  now  pending  or  amendments  thereto." 

Mr.  Lummus  of  Lynn  moved  that  the  amendment  be  amended 
by  inserting  at  "A"  the  words  "except  that  the  proponent  of 
an  amendment  shall  be  allowed  ten  minutes/'. 

After  debate  Mr.  Washburn  of  Middleborough  moved  that  the 
motion  and  pending  amendments  be  referred  to  the  committee 
on  Rules  and  Procedure;  and  this  motion,  after  further  debate, 
was  negatived,  by  a  vote  of  66  to  101. 

The  amendment  moved  by  Mr.  Lummus  was  then  adopted; 
the  amendment  moved  by  Mr.  Luce,  as  amended,  was  adopted; 
and  the  motion  of  Mr.  Coombs,  as  thus  amended,  was  adopted. 


41  Leave  to 
print". 


Daily  Pamphlet  of  Speeches. 

Mr.  Kenny  of  Boston  offered  the  following  order:  — 
Ordered,    That   the   committee   on   Rules   and   Procedure   con- 
sider   the    expediency    of    printing    a    daily    pamphlet    in    which 
speeches  of  members  could  be  published  on  motion  of  "leave  to 
print". 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Hall  of  North  Adams;    and  the  order  was  rejected. 


September  11. 


Proposed  Evening  Session  on  September  11. 

Proposed  Mr.  Washburn  of  Middleborough  moved  that,  unless  it  shall 

oneTuegsdaT,lon  be  otherwise  ordered,  if  the  Convention  is  in  session  at  six 
o'clock  P.M.  on  Tuesday  of  next  week,  the  President  shall  declare 
a  recess  until  seven  o'clock;  and  that,  if  the  Convention  is  in 
session  at  ten  o'clock  P.M.  on  said  day,  the  President  shall  declare 
an  adjournment. 

The  motion  was  negatived. 


Submission  of  Amendments  to  the  People. 

The  following  order,  offered  by  Mr.  McCormack  of  Boston, 
the  consideration  of  which  was  postponed  from  the  last  session, 
was  referred  to  the  committee  on  Rules  and  Procedure,  on  mo- 
tion of  Mr.  Underhill  of  Somerville:  — 


FRIDAY,  SEPTEMBER   7,   1917.  217 

Ordered,  That,  in  the  event  of  the  deliberations  of  the  Con-  Submission  of 
vention  not  having  been  concluded  on  or  before  the  date  wherein  Jj^th^Si?*8 
the  ballot  for  the  state  election  for  the  year  1917  must  be  pre-  state  election, 
pared  for  printing,  the  committee  on  Rules  and  Procedure  con- 
sider the  expediency  of  the  Convention  submitting  to  the  people 
at  the  coming  state  election  such  alterations  or  amendments  of 
the  Constitution  as  shall  be  duly  authorized  and  engrossed. 

Adjournment  and  Hour  of  Meeting. 

Mr.  Hart  of  Cambridge  moved  that,  when  the  Convention  ad-  Proposed  after- 
journs  to-day,  it  adjourn  to  meet  at  two  o'clock  this  afternoon; 
and  this  motion  was  negatived. 

Committee  of  the  Whole. 

On   motion  of  Mr.   Hobbs   of  Worcester  the   Convention  re-  Committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  t] 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Hobbs  to  take  the  chair. 

Subsequently  Mr.  Hobbs,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 


At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  the  Convention  adjourned,  to  meet  on  Tues- 
day next  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


FRIDAY,  September  7,  1917. 
Mr.  Hobbs  of  Worcester  in  the  chair. 
The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 

,__.  .. ...      r  101  referendum. 

referendum  (Doc.  Iso.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  the  chair- 
man declared  the  meeting  at  an  end,  the  hour  fixed  for  the  ad- 
journment of  the  Convention  having  arrived. 


218 


JOUKNAL   OF  THE   CONVENTION, 


Reports  of 
committees,  — 
extension  of 
time. 


TUESDAY,  September  11,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Warren  P.  Landers  of  Brockton, 
Secretary  of  the  Massachusetts  Total  Abstinence  Society. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Dresser  of  Worcester,  — • 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  the  Judiciary,  State  Administration,  and 
State  Administration  and  the  Executive  (sitting  jointly)  be 
granted  until  Tuesday,  September  18,  in  which  to  report  on 
matters  before  them. 


Initiative  and 
referendum. 


Submission  of 
amendments 
at  the  1917 
state  election ; 
procedure  and 
expedition  of 
business. 


Printing  of  a  Convention  Document. 

The  following  order,  offered  by  Mr.  Walker  of  Brookline,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  - 

Ordered,  That  there  be  printed  for  the  use  of  the  members  of 
the  Convention  five  hundred  additional  copies  of  the  Resolution 
to  provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335). 

Submission  of  Amendments  to  the  People. 

On  motion  of  Mr.  Adams  of  Quincy,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  take 
under  consideration  the  advisability  of  submitting  to  the  voters 
at  the  coming  state  election  such  proposals  for  amendment  as 
may  have  been  x adopted  by  October  1,  and  if  that  should  seem 
advisable,  recommend  to  the  Convention  what  committee  re- 
ports should  be  taken  up  at  the  conclusion  of  the  matter  now 
pending;  and  also  that  said  committee  take  under  consideration 
the  best  method  of  expediting  and  co-ordinating  the  remainder 
of  the  work  of  the  Convention. 


Absentee 
voting. 


Order  of  Business  in  Committee  of  the  Whole. 

The  following  order,  offered  by  Mr.  Newton  of  Everett,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
that  member:  — 

Ordered,  That  the  Resolution  to  provide  for  absentee  "voting 
(Doc.  No.  58)  be  assigned  for  consideration  in  Committee  of  the 
Whole  immediately  after  the  disposition  of  the  Resolution  to 
provide  for  establishing  the  initiative  and  referendum. 

The  following  order,  offered  by  Mr.  Dennis  D.  Driscoll  of 
Boston,  was  referred  to  the  committee  on  Rules  and  Procedure, 
on  motion  of  that  member:  — 


TUESDAY,  SEPTEMBER  11,  1917.  219 


Ordered,  That  the  Resolution  to  authorize  the  enactment  of 
laws   governing   the   acquirement,   sale   and   distribution   of   the  acquiement, 
necessities  of  life  (Doc.  No.  318)   be  assigned  for  consideration  distribution. 
in  Committee  of  the  Whole  immediately  after  the  disposition  of 
the    Resolution    to    provide   for   establishing    the   initiative   and 
referendum. 

The  following  order,  offered  by  Mr.  Pillsbury  of  Wellesley,  was 
adopted,  by  a  vote  of  70  to  11:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  consider  Order  of 
the  expediency  of  discharging  the  Committee  of  the  Whole  from 
further  consideration  of  any  matters  standing  referred  to  it  upon  the  Whole 
disposition  of  the  pending  resolution   (Doc.  No.  335),  and  also 
what  other  changes  in  procedure  or  rearrangement  of  the  remain- 
ing work  of  the  committees  and  the  Convention  may  be  necessary 
or  desirable. 

Mr.  Clark  of  Wilmington  moved  that  the  vote  be  reconsidered  Motion  to 
by  which  the  order  was  adopted;   and  this  motion,  under  the  rule,  " 
was  placed  first  in  the  Orders  of  the  Day  for  the  next  session. 

Amendment  of  Rule  45  —  Adjournments. 

The  following  order,  offered  by  Mr.  Sawyer  of  Ware,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion  of 
that  member:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  consider  Amendment 
the  expediency  of  amending  Rule  45  by  adding  at  the  end  thereof  adjournments. 
the  following:    provided,  however,  that,  if  the  Convention  shall  at 
any  time  after  September  25  vote  to  place  upon  the  ballot  at  the 
state  election  to  be  holden  on  November  6,  1917,  such  proposals 
to  amend  the  Constitution  as  have  been  ordered  to  be  engrossed 
and  submitted    to  the  people,  the  Convention  may  adjourn    to 
a  time  not  later  than  the  eighth  day  following  said  election. 

Resolution  of  Sympathy. 

The  following  resolution,  presented  by  Mr.  Bates  of  Boston, 
was  unanimously  adopted  by  a  rising  vote:  — 

Resolved,    That    the    members    of   this    Convention    extend    to  Georges. 
Delegate  George  S.  Parker  of  Boston  their  profound  and  heart-  Boston  °f 
felt  sympathy  in  his  great  bereavement,  and  deplore  with  him 
the  untimely  death  of  his  wife,  who  departed  this  life  on  Sep- 
tember 10. 

Members  Absent  in  Government  Service. 

Mr.  Glazier  of  Hudson  moved  that  the  committee  on  Rules 
and  Procedure  be  instructed  to  report  forthwith  on  the  following 
order,  offered  by  Mr.  WTalker  of  Brookline,  and  referred  to  said 
committee  on  August  28:  — 

Ordered,   That   members   of  the   Convention  who   are   granted  J^^JJ 
leave  of  absence  on  account  of  military  or  naval  service  for  the  government 
national  government  be  authorized  to  arrange  to  be  paired  on  Irrlngen^ent 
questions  coming  before  the  Convention  on  which  the  yeas  and  of  pairs. 
nays  are  ordered. 


220 


JOURNAL  OF  THE  CONVENTION, 


Quorum. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Recess. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


After  debate  Mr.  Sawyer  of  Ware  moved  that  the  further  con- 
sideration of  the  motion  be  postponed  until  the  next  session; 
and  this  motion  prevailed. 

Quorum. 

Mr.  Bouve  of  Hingham  asked  for  a  count  of  the  Convention  to 
ascertain  if  a  quorum  was  present.  A  count  showed  that  151 
members  were  present. 

Committee  of  the  Whole. 

On  the  appearance  of  a  quorum  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  on  motion  of  Mr.  Newton  of 
Everett,  for  the  purpose  of  considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Newton  to  take  the  chair. 

Subsequently  IVfr.  Newton,  for  t^e  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335)  had  been  under  consideration,  but  that 
no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Newton  of  Everett  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consider- 
ing the  matters  on  its  Docket. 

The  President  appointed  Mr.  Newton  to  take  the  chair. 

Subsequently  (Mr.  Luce  of  Waltham  being  in  the  chair)  Mr. 
Newton,  for  the  Committee,  reported  that  the  Resolution  to 
provide  for  establishing  the  initiative  and  referendum  (Doc.  No. 
335)  had  been  under  consideration,  but  that  no  conclusion  was 
reached. 


At  twenty-three  minutes  before  six  o'clock,  on  motion  of  Mr. 
Quincy  of  Boston  (Mr.  Luce  being  in  the  chair),  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


Initiative  and 
referendum. 


TUESDAY,  September  11,  1917. 
Mr.  Newton  of  Everett  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  an< 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate,  and  without  action  on  the  resolution,  Mr.  Lowell 
of  Newton  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


TUESDAY,  SEPTEMBER  11,  1917.  221 

After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr,  Newton  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  S!SSS  "d 
referendum  (Doc.  No.  335)  was  considered  further. 

After  debate  Mr.  Richardson  of  Newton  moved  that  the  reso-  Mr.  Richard- 
lution  be  amended  by  inserting  after  line  35  the  following  para- 
graph,  with  the  heading  "Excluded  Matter":  — 

"No  part  of  the  constitution  which  provides  for  the  establish- 
ment of  the  initiative  and  referendum  shall  be  the  subject  of  an 
initiative  petition." 

After  further  debate  Mr.  Sullivan  of  Salem  asked  for  a  count  Quorum, 
of   the    Committee   to   ascertain   if   a   quorum   was   present.     A 
count  showed  that  108  members  were  present. 

Mr.  Montague  of  Boston  moved  that  the  resolution  be  amended  ?? 

as  follows:  merits. 

By  adding  after  the  word  "representatives",  in  line  80,  the 
words  "  With  the  exception  of  the  first  ten  signers  of  an  initiative 
petition,  all  petitions  brought  under  this  article  of  the  constitu- 
tion shall  be  signed  in  the  presence  of  some  city  or  town  official 
of  the  city  or  town  in  which  the  signer  of  the  petition  is  a  regis- 
tered voter."; 

By  inserting  after  line   157  the  following  paragraph:  — 

"  Provision  for  the  designation  of  the  city  or  town  officials  in  the 
presence  of  whom  initiative  petitions  may  be  signed  and  for  the 
designation  of  such  place  or  places  in  each  city  and  town  in  the 
commonwealth  where  such  petitions  may  be  signed,  as  the  con- 
venience of  the  voters  requires,  may  be  made  by  law.";  and 

By  inserting  after  line  160  the  following  paragraph:  — 

"  Provision  may  be  made  by  law  that  voters  in  towns  may  at  a 
regular  meeting  of  the  voters  or  at  a  special  meeting  called  for 
the  purpose  consider  proposed  initiative  or  referendum  petitions, 
and  if  a  majority  of  the  qualified  voters  present  at  such  meeting 
and  voting  thereon  vote  in  favor  of  such  initiative  or  referendum 
petition,  the  number  of  those  so  voting  in  the  affirmative  shall 
be  certified  by  the  town  clerk  to  the  secretary  of  the  common- 
wealth, and  the  number  of  voters  so  certified  shall  be  counted  as 
favoring  such  initiative  or  referendum  petition  to  the  same  effec't 
as  if  they  had  signed  a  petition  in  the  manner  herein  otherwise 
provided." 

Mr.  Sawyer  of  Ware  moved  that  the  resolution  be  amended  by  Mr.  Sawyer,  — 
adding  at  the  end  thereof  the  following  paragraph:  - 

"The  general  court  shall  provide  by  rule  that,  on  all  reports 
based  on  initiative  petitions,  debate  at  some  stage  thereof  shall, 
in  the  case  of  a  proposed  law,  continue  for  at  least  six  hours,  and, 
in  the  case  of  a  proposed  amendment  of  the  constitution,  for  at 
least  ten  hours,  unless  sooner  closed  by  unanimous  consent." 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
as  follows:  — 

By  striking  out  the  semicolon  at  the  end  of  line  22,  and  insert- 
ing in  place  thereof  a  period; 

By  striking  out,  in  lines  23,  24  and  25,  the  words  "and  if  such 
next  general  court  shall  fail  before  the  first  Wednesday  of  June 
to  agree  to  such  amendment  in  the  manner  provided  in  such 


222  JOURNAL  OF  THE  CONVENTION, 

ninth  article",  and  inserting  in  place  thereof  the  words  "A  vote 
shall  be  taken  by  yeas  and  nays  in  both  branches  of  such  next 
general  court  before  the  first  Wednesday  of  June  upon  agreeing 
to  such  amendment  in  the  form  in  which  it  stands  in  such  initia- 
tive petition"; 

amendments'"  By  inserting  after  the  word  "signers",  in  line  61,  the  words 
":  provided,  that  no  initiative  petition  shall  be  so  filed  until  it 
has  been  submitted  to  the  attorney-general  or  to  an  officer  whose 
duty  it  is  to  assist  members  or  committees  of  the  general  court 
in  the  drafting  of  bills  and  the  constitutional  amendment  or  law 
which  is  the  subject  of  the  petition  has  been  certified  either  by 
the  attorney-general  or  by  such  officer  to  be  in  proper  form  for 
submission  to  the  people"; 

By  inserting  after  line  80  the  following  paragraph,  with  the 
heading  "Legislative  Alternative  Measure":  — 

"  If  the  vote  of  the  general  court  upon  a  measure  introduced  by 
initiative  petition  shall  not  result  in  the  adoption  of  such  measure 
as  herein  provided,  the  general  court  may  thereafter  upon  its 
own  initiative,  by  resolve  passed  by  the  yeas  and  nays,  provide 
for  the  submission  to  the  people  at  the  next  state  election  of  an 
amended  or  alternative  form  of  such  measure,  to  be  designated 
on  the  ballot  as  the  legislative  form  thereof;  and  in  case  both 
the  initiative  form  and  the  legislative  form  of  such  measure  are 
submitted  to  the  people,  the  same  shall  be  placed  together  upon 
the  ballot  and  designated  as  alternative  measures  only  one  of 
which  shall  take  effect.  The  ballot  shall  afford  the  voter  an  op- 
portunity to  vote  for  or  against  either  or  both  of  such  alternative 
measures,  but  in  case  both  shall  receive  the  affirmative  votes  of 
a  majority  of  the  voters  voting  thereon  only  the  measure  which 
receives  the  larger  affirmative  vote  shall  be  deemed  to  be  ap- 
proved."; 

By  inserting  after  the  word  "provided,",  in  line  99,  the  words 
"  that  the  governor  may,  at  any  time  before  the  election  at  which 
it  is  to  be  submitted  to  the  people  on  referendum,  declare  any 
law  to  be  an  emergency  measure  hereunder  by  filing  with  the 
secretary  of  the  commonwealth  a  statement  setting  forth  the 
facts  constituting  the  emergency,  that  in  his  opinion  the  immediate 
preservation  of  the  public  peace,  health,  safety  or  convenience 
require  that  such  law  should  go  into  operation  forthwith,  then 
such  law,  if  not  previously  suspended  as  hereinafter  provided, 
shall  take  effect  without  suspension,  or  if  such  law  has  been  so  sus- 
pended such  suspension  shall  thereupon  terminate  and  such  law 
shall  thereupon  go  into  effect:  and  provided,  further,";  and 

By  adding  at  the  end  of  line  157  the  words  ",  and  pending 
the  passage  of  such  legislation  all  provisions  of  law  relating  to  the 
identification  and  certification  of  signatures  to  petitions  for  the 
nomination  of  candidates  for  state  offices  or  to  penalties  for 
the  forgery  of  such  signatures  shall  apply  to  the  signatures  to 
the  petitions  herein  referred  to". 

After  further  debate,  and  without  action  on  the  resolution, 
Mr.  Luce  of  Waltham  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


WEDNESDAY,  SEPTEMBER    12,  1917.  223 


WEDNESDAY,  September  12,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Clarence  F.  Swift,  D.D.,  of  Fall 
River. 

Printing  of  a  Convention  Bulletin. 

The  following  order,  offered  by  Mr.  Anderson  of  Newton,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,  That  there  be  printed  five  hundred  additional  copies  "Appropria- 
of   the   bulletin   on   "Appropriations  for   Sectarian   and  Private  sectarian  and 
Purposes",  prepared    by    the    commission    appointed  to  compile  p™1®^,, 
information  and  data  for  the  Convention. 

Compensation  of  Various  Employees. 

Mr.  Nestor  of  Lowell,  for  the  committee  on  Contingent  Ex- 
penses and  Pay-Roil,  to  whom  was  referred  the  order  authorizing 
said  committee  to  provide  for  compensation  to  be  paid  to  certain 
State  House  employees  upon  whom  extra  duties  and  labors  are 
imposed  by  reason  of  this  Convention,  reported  recommending 
the  adoption  of  the  following  order:  — 

Ordered,  That  there  be  allowed  and  paid  to  such  engineers,  Engineers, 
firemen,  electricians,  helpers,  elevator  men,  oilers  and  steam 
fitters  as  may  be  employed  in  the  State  House  during  the  full 
term  of  the  Constitutional  Convention  the  sum  of  one  hundred 
dollars  each  for  additional  labor  performed  and  loss  of  vaca- 
tions. Such  members  of  the  force  aforesaid  who  may  not  be 
employed  for  the  full  term  shall  be  paid  upon  the. same  basis 
proportional  to  their  length  of  service,  all  as  determined  and  ap- 
proved by  the  Sergeant-at-Arms. 

The  report  was  read.;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 

Members  Absent  in  Government  Service. 

Mr.  Walker  of  Brookline,  for  the  committee  on  Rules  and  Pro-  Members 
cedure,  to  whom  was  referred  the  order  providing  that  members  governme 
of  the  Convention  who  are  granted  leave  of  absence  on  account  service,  - 
of   military   or   naval    service   for   the   national    government    be 
authorized  to  arrange  to  be  paired  on  questions  coming  before 
the  Convention  on  which  the  yeas  and  nays  are  ordered,  reported 
recommending  that  the  same  ought  not  to  be  adopted. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 


224 


JOURNAL  OF  THE  CONVENTION, 


Absentee 
voting. 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution-. 


Debate  on 
initiative  and 
referendum. 


Order  of 
procedure  in 
Committee  of 
the  Whole. 


Members 
absent  in 
government 
service,  — 
arrangement 
of  pairs. 


Order  of  Business  in  Committee  of  the  Whole. 

Mr.  Walker  of  Brookline,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  order  providing  that  the 
Resolution  to  provide  for  absentee  voting  (Doc.  No.  58)  be  as- 
signed for  consideration  in  Committee  of  the  Whole  immediately 
after  the  disposition  of  the  Resolution  of  provide  for  establishing 
the  initiative  and  referendum,  reported  recommending  that  the 
same  ought  to  be  adopted  in  a  new  draft,  as  follows:  - 

Ordered,  That  the  subject  of  absentee  voting  be  assigned  for 
consideration  in  Committee  of  the  Whole  immediately  after  dis- 
position of  the  subject  of  initiative  and  referendum. 

Mr.  Edwin  U.  Curtis  of  Boston,  for  the  committee  on  Rules 
and  Procedure,  to  whom  was  referred  the  order  providing  that 
the  Resolution  to  authorize  the  enactment  of  laws  governing  the 
acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  318)  be  assigned  for  consideration  in  Committee  of 
the  Whole  immediately  after  the  disposition  of  the  Resolution  to 
provide  for  establishing  the  initiative  and  referendum,  reported 
recommending  that  the  same  ought  to  be  adopted  in  a  new 
draft,  as  follows:  — 

Ordered,  That  the  Committee  of  the  Whole  consider  the  pro- 
posals of  amendment  to  the  Constitution  relative  to  the  acquire- 
ment, sale  and  distribution  of  the  necessities  of  life  immediately 
after  disposition  of  the  subject  of  absentee  voting. 

The  reports  were  read;  and  the  orders  were  severally  placed 
in  the  Orders  of  the  Day  for  the  next  session. 

Mr.  Hale  of  Boston  moved  that  the  four  members  selected  to 
close  the  debate  in  Committee  of  the  Wliole  on  the  Resolution 
to  provide  for  establishing  the  initiative  and  referendum  (Doc. 
No.  335)  be  each  allowed  one  hour  and  thirty  minutes,  and  that 
the  time  for  closing  debate  be  extended  to  six  o'clock  P.M. 

After  debate  the  motion  was  negatived. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Clark  of  Wilmington,  that  the  vote  be  re- 
considered by  which  the  Convention,  at  the  last  session,  adopted 
the  order  that  the  committee  on  Rules  and  Procedure  consider 
the  expediency  of  discharging  the  Committee  of  the  Whole  from 
further  consideration  of  any  matters  standing  referred  to  it 
upon  disposition  of  the  pending  resolution  (Doc.  No.  335),  and 
also  what  other  changes  in  procedure  or  rearrangement  of  the 
remaining  work  of  the  committees  and  the  Convention  may  be 
necessary  or  desirable,  —  was  withdrawn  by  that  member,  there 
being  no  objection. 

The  motion  of  Mr.  Glazier  of  Hudson,  that  the  committee  on 
Rules  and  Procedure  be  instructed  to  report  forthwith  on  the 
order  that  members  of  the  Convention  who  are  granted  leave  of 
absence  on  account  of  military  or  naval  service  for  the  national 


WEDNESDAY,  SEPTEMBER  12,  1917.  225 

government  be  authorized  to  arrange  to  be  paired  on  questions 
coming  before  the  Convention  on  which  the  yeas  and  nays  are 
ordered,  —  was  withdrawn  by  that  member,  there  being  no 
objection. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Wellman  of  Topsfield  the  Convention  re-  Committee  of 
solved  itself  into   Committee  of  the  Whole,  for  the  purpose  of  the  Whole' 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.   Wellman  to  take  the  chair. 

Subsequently  Mr.  Wellman,  for  the  Committee,  reported  that  initiative  and 
the   Resolution    to    provide   for   establishing   the   initiative    and  referendum- 
referendum   (Doc.   No.  335)   had  been  under  consideration,  but 
that  no  conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

On  motion  of  Mr.  Wellman  of  Topsfield  (Mr.  Washburn  of 
Worcester  being  in  the  chair)  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  for  the  purpose  of  considering  the 
matters  on  its  Docket. 

The  Chair  appointed  Mr.  Wellman  as  chairman  of  the  Com- 
mittee. 

Subsequently  Mr.  Wellman,  for  the  Committee,  reported  that  initiative  and 
the    Resolution    to    provide   for   establishing    the    initiative    and  referendum- 
referendum   (Doc.   No,  335)   had  been  under  consideration,  but 
that  no  conclusion  was  reached. 


At  five  minutes  after  four  o'clock,  on  motion  of  Mr.  Ayl- 
ward  of  Cambridge  (Mr.  Washburn  of  Worcester  being  in  the 
chair),  the  Convention  adjourned,  to  meet  to-morrow  at  half- 
past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


WEDNESDAY,  September  12,  1917. 
Mr.   Wellman  of  Topsfield  in  the  chair. 

The  Resolution  to  provide  for  establishing  the -initiative   and  initiative^  3 
referendum  (Doc.  No.  335)  was  considered  further. 

Mr.    Walker    of    Brookline    moved    that    the    Resolution    be  Mr.  Walker,'— 

amended   as   follows:  —  amendments. 

By  striking  out,  in  lines  50  and  51,  the  words  " ,  subject  to  the 
provisions  of  the  constitution,"; 

By  adding  after  the  word  "law",  in  line  54,  the  words  ":  pro- 
vided, that  the  limitations  of  the  legislative  power  of  the  general 


226 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Walker,  — 
amendments. 


Mr.  Cummings, 
—  amend- 
ment. 


Mr.  Morrill,  - 
amendment. 

Mr.  Swig,  — 
amendment. 


Mr.  Luce,  — 
amendments. 


court  in  the  constitution  shall  extend  to  the  legislative  power  of 
the  people  as  exercised  hereunder"; 

By  inserting  after  line  80  the  following  paragraph:  - 

"If  the  general  court  fails  to  agree  to  a  proposed  constitu- 
tional amendment  or  to  pass  a  proposed  law  before  the  first 
Wednesday  of  June,  the  first  ten  signers  of  the  initiative  petition 
therefor,  or  a  majority  of  them,  shall  have  the  right,  subject  to 
certification  by  the  attorney-general  filed  as  hereinafter  provided, 
to  amend  the  measure  which  is  the  subject  of  such  petition.  An 
amendment  so  made  shall  not  invalidate  any  signature  attached 
to  the  petition.  If  the  measure  so  amended,  signed  by  such 
first  ten  signers  or  a  majority  of  them,  is  filed  with  the  secretary 
of  the  commonwealth  before  the  first  Wednesday  of  the  following 
July,  together  with  a  certificate  signed  by  the  attorney-general  to 
the  effect  that  the  amendment  made  by  such  proposers  is  in  his 
opinion  perfecting  in  its  nature  and  does  not  materially  change 
the  substance  of  the  measure,  then  the  secretary  of  the  common- 
wealth shall  submit  the  measure  to  the  people  in  its  amended 
form;  in  case  of  failure  to  file  such  amended  measure,  together 
with  such  certificate,  he  shall  submit  the  measure  in  its  original 
form."; 

By  striking  out,  in  line  164,  the  words  "secretary  of  the 
commonwealth ",  and  inserting  in  place  thereof  the  words 
"  attorney-general " ;  and 

By  adding  at  the  end  of  the  resolution  the  following  para- 
graph: - 

"  Subject  to  the  veto  power  of  the  governor  and  to  the  right  of 
referendum  by  petition  as  herein  provided,  the  general  court 
may  amend  or  repeal  a  law  approved  by  the  people." 

Mr.  Cummings  of  Fall  River  moved  that  the  resolution  be 
amended  by  inserting  after  line  83  the  following  paragraph :  - 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensation 
of  judges;  or  relating  to  the  recall  of  judges  or  judicial  decisions; 
or  relating  to  the  creation  or  abolition  of  courts,  shall  be  the 
subject  of  such  initiative  petition." 

Mr.  Morrill  of  Haverhill  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  printed  as  Doc.  No.  352. 

Mr.  Swig  of  Taunton  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "institutions,",  in  line  150,  the  words 
"and  no  law  relating  to  religion  or  religious  institutions,". 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
as  follows:  — 

By  inserting  after  the  word  "thereon",  in  line  50,  the  words 
",  and  not  disapproved  by  the  subsequent  general  court"; 

By  striking  out,  in  line  52,  the  words  "such  state  election", 
and  inserting  in  place  thereof  the  words  "the  prorogation  of 
such  general  court"; 

By  striking  out,  in  line  53,  the  word  "  election  ",  and  inserting 
in  place  thereof  the  word  "  prorogation  "; 

By  inserting  after  line  54  the  following  paragraph:  — 


WEDNESDAY,  SEPTEMBER  12,  1917.  227 

"  If  proposed  laws  contain  conflicting  provisions,  the  governor  Mr.  Luce,  — 
shall  designate  one  of  such  laws  to  be  submitted  to  the  voters.  amendments- 
If  it  is  rejected,  the  governor  in  office  on  the  first  Wednesday  of 
August  before  the  succeeding  election  may  designate  another  to 
be  put  on  the  ballot,  and  so  on  until  one  has  been  accepted  or 
all  have  been  rejected."; 

By  inserting  after  line  54  the  following  paragraph:  — 

"The  same  measure,  either  in  form  or  essential  substance, 
shall  not  be  made  the  subject  of  an  initiative  petition  (either 
affirmatively  or  negatively)  oftener  than  once  in  three  years."; 

By  adding  after  the  word  "representatives",  in  line  80,  the 
words  ",  where  it  may  be  amended  in  matter  of  detail  without 
altering  its  general  purpose"; 

By  inserting  after  line  80  the  following  paragraph:  — 

"  If,  of  the  measures  introduced  into  the  general  court  by  initia- 
tive petition  in  any  one  year,  more  than  five  fail  of  enactment  by 
the  general  court,  and  the  petitions  relating  to  more  than  five 
are  duly  completed,  the  governor  shall  designate  five  and  no 
more  to  be  submitted  to  the  people  at  the  next  state  election. 
The  measures  not  so  designated  shall  be  deemed  to  be  introduced 
into  the  next  session  of  the  general  court  and  pending  in  the  house 
of  representatives."; 

By  striking  out,  in  lines  81  and  82,  the  words  "No  law,  the 
operation  of  which  is  restricted  to  a  town,  city  or  other  political 
division  of  the  commonwealth",  and  inserting  in  place  thereof 
the  words  "  No  law  entailing  the  appropriation  of  money,  and  no 
private,  special  or  local  law"; 

By  inserting  after  line  83  the  following  paragraph:  — 

"No  proposed  law  shall  contain  more  than  one  subject."; 

By  inserting  after  line  83  the  following  paragraph:  — 

"  A  proposed  law  shall  be  confined  to  a  specific,  concrete  propo- 
sition, unaccompanied  by  administrative  or  technical  detail,  but 
may  direct  what  agency  of  government  shall  administer  it."; 

By  striking  out,  in  line  149,  the  words  "of  any",  and  inserting 
in  place  thereof  the  words  "for  any";  and 

By  striking  out  lines  154  to  157,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph:  — 

"Provision  for  the  proper  identification  and  certification  of 
signatures  to  the  petitions  hereinbefore  referred  to,  and  for  pen- 
alties for  the  forgery  of  or  payment  for  securing  signatures 
thereto,  shall  be  made  by  law." 

Mr.  Lowell  of  Newton  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  printed  as  Doc.  No.  351. 

Mr.    Underbill   of   Somerville   moved   that   the   resolution   be  Mr.  Underbill, 
amended  by  inserting  after  the  word  "commonwealth,",  in  line  ~" 
82,  the  words  "and  no  law  affecting  labor  organizations,";    and 

By  inserting  after  the  word  "commonwealth,",  in  line  152,  the 
words  "and  no  law  affecting  labor  organizations,". 

Mr.  Curtis  of  Revere  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  158,  the  words  "twenty-five  per  cent", 
and  inserting  in  place  thereof  the  word  "one-eighth". 


228 


JOURNAL   OF   THE   CONVENTION, 


Mr.  Washburn, 
—  amendment. 


Mr.  Washburn  of  Middleborough  moved  that  the  resolution 
be  amended  by  striking  out  lines  13  to  35,  inclusive,  and  insert- 
ing in  place  thereof  the  following  paragraph:  — 

"If  an  initiative  petition  for  any  specific  and  particular 
amendment  to  the  constitution  is  introduced  into  the  general 
court,  in  the  manner  hereinafter  provided,  signed  by  not  less 
than  eight  per  centum  of  the  qualified  voters  of  the  common- 
wealth, calculated  upon  the  whole  number  of  votes  cast  for 
governor  at  the  last  preceding  election,  and  the  general  court 
into  which  it  is  introduced  shall  fail  to  agree  to  such  amend- 
ment in  the  manner  provided  in  the  ninth  article  of  amendment 
to  the  constitution,  such  amendment  shall  nevertheless  be 
deemed  to  be  referred  to  the  next  general  court  and  shall  have 
the  same  standing  therein  as  if  once  agreed  to;  and  if  such 
next  general  court  shall  fail  before  the  first  Wednesday  of  June 
to  agree  to  such  amendment  or  shall  propose  a  substitute  form 
thereof,  in  the  manner  provided  in  such  ninth  article,  and  if  a 
supplementary  petition  for  such  amendment  signed  by  not  less 
than  two  per  centum  of  the  qualified  voters,  calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election,  in  addition  to  those  signing  the  original  petition,  shall 
be  filed  with  the  secretary  of  the  commonwealth  not  earlier 
than  the  first  Wednesday  of  the  following  July  nor  later  than  the 
first  Wednesday  of  the  following  August,  then  the  secretary 
of  the  commonwealth  shall  submit  to  the  people  at  the  next 
state  election  such  amendment  together  with  any  such  sub- 
stitute form  thereof.  If  such  amendment,  or  such  substitute 
form  thereof,  shall  be  approved  by  a  majority  of  the  qualified 
voters  voting  thereon,  it  shall  become  part  of  the  constitution 
of  this  commonwealth  on  the  first  day  of  January  next  after 
such  approval,  provided  that  for  any  amendment  proposed  under 
this  section  the  affirmative  vote  shall  not  be  less  than  one-third 
of  the  highest  number  of  votes  cast  at  such  state  election.  If 
conflicting  amendments  to  the  constitution  shall  be  approved 
at  the  same  election,  the  one  receiving  the  highest  number  of 
affirmative  votes  shall  become  part  of  the  constitution  of  this 
commonwealth.  The  legislature  shall  enact  proper  laws  to 
carry  out  the  provisions  of  this  section." 

After  debate,  and  without  action  on  the  resolution,  the  chair- 
man declared  the  meeting  at  an  end,  the  hour  fixed  for  the  recess 
of  the  Convention  having  arrived. 


Quorum. 


Initiative  and 
referendum. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Wellman  being  in  the  chair. 

Mr.  Washburn  of  Worcester  doubted  the  presence  of  a  quorum. 
The  chairman  instructed  the  Sergeant-at-Arms  to  secure  the  at- 
tendance of  a  quorum. 

On  the  appearance  of  a  quorum  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335)  was 
considered  further. 


WEDNESDAY,  SEPTEMBER  12,  1917.  229 

Mr.    Youngman    of    Boston    moved    that    the    resolution    be  Mr.  Young- 
amended  as  follows:  - 

By  striking  out,  in  lines  50,  121  and  145,  the  words  "voting 
thereon",  and  inserting  in  place  thereof,  in  each  instance,  the 
words  "who  vote  at  said  election";  and 

By  the  substitution  of  a  resolution  printed  as  Doc.  No.  353. 

Mr.  Morrill  of  Haverhill  moved  that  the  resolution  be  amended 
as  follows :  — 

By  striking  out,  in  lines  18  to  30,  inclusive,  the  words  "in  the 
manner  provided  in  the  ninth  article  of  amendment  to  the  con- 
stitution, such  amendment  shall  nevertheless  be  deemed  to  be 
referred  to  the  next  general  court  and  shall  have  the  same  stand- 
ing therein  as  if  once  agreed  to;  and  if  such  next  general  court 
shall  fail  before  the  first  Wednesday  of  June  to  agree  to  such 
amendment  in  the  manner  provided  in  such  ninth  article,  and 
if  such  initiative  petition  is  completed  by  filing  with  the  secretary 
of  the  commonwealth,  not  earlier  than  the  first  Wednesday  of  the 
following  July  nor  later  than  the  first  Wednesday  of  the  following 
August,  not  less  than  ten  thousand  additional  signatures  of  such 
qualified  voters"; 

By  striking  out,  in  lines  85,  105  and  130,  the  word  "sixty", 
and  inserting  in  place  thereof,  in  each  instance,  the  word 
"ninety"^ 

By  striking  out,  in  line  93,  the  comma  after  the  word  "health", 
and  inserting  in  place  thereof  the  word  "or"; 

By  striking  out,  in  the  same  line,  the  words  "or  convenience"; 

By  striking  out  lines  154  to  157,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph:  — 

"In  carrying  out  the  provisions  of  this  article,  the  secretary 
of  the  commonwealth  and  all  other  public  officers  shall  be 
guided,  where  other  provision  is  not  specified  herein,  by  the 
laws  relating  to  elections,  in  so  far  as  applicable,  and  any  initia- 
tive or  referendum  petition  coming  within  the  provisions  hereof 
shall  be  signed  and  certified  as  to  signatures  in  the  manner  pro- 
vided by  law  relative  to  nomination  papers  of  candidates  for  the 
general  court.  And  the  penalties  for  forgery  or  fraud  provided 
in  the  laws  relative  to  elections  shall  apply  with  equal  force 
to  initiative  or  referendum  petitions  herein  specified.";  and 

By  striking  out  lines  158,  159  and  160,  and  inserting  in  place 
thereof  the  following  paragraph:  — 

"Not  more  than  fifty  per  centum  of  the  certified  signatures  on 
any  petition  shall  be  those  of  registered  voters  of  the  city  of 
Boston,  or  of  any  one  county." 

Mr.  Willett  of  Norwood  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  printed  as  Doc.  No.  354. 

Mr.    Donovan   of   Springfield   moved   that   the   resolution   be  Mr.  Donovan, 
amended  as  follows:  —  mente!nd" 

By  striking  out,  in  line  16,  the  word  "forty",  and  inserting  in 
place  thereof  the  word  "twenty-five"; 

By  striking  out,  in  line  29,  the  word  "ten",  and  inserting  in 
place  thereof  the  word  "five";  and 


230  JOURNAL   OF   THE   CONVENTION, 

By  striking  out,  in  line  38,  the  word  "twenty",  and  inserting 
in  place  thereof  the  word  "ten". 

After  debate,  and  without  action  on  the  resolution,  Mr.  Pills- 
bury  of  Wellesley  moved  that  the  Committee  rise;  and  this 
motion  was  adopted. 

Accordingly  the  Committee  rose. 


THURSDAY,  SEPTEMBER  13,  1917.  231 


THURSDAY,  September  13,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M., 
with  Mr.  Washburn  of  Worcester  in  the  chair. 

Prayer  was  offered  by  Rev.  Prancis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Qualification  of  a  Member. 

Mr.  Charles  S.  Bird,  Jr.,  of  Walpole,  member-elect  from  the  Qualification 
Thirteenth   Congressional   District,   being  present,  the    oaths  of  BiSj5?of ' 
qualification   were   administered   by   the   Chair,   and   were    duly  Walpole. 
taken  and  subscribed  by  Mr.  Bird. 

Report  of  a  Committee. 

Mr.  Dresser  of  Worcester,  for  the  committee  on  the  Judiciary,  Taking  of 
to  whom  was  recommitted  the  Resolution  relative  to  the  right  ^teSt 
of   the   Commonwealth   to   take  or  to  authorize  the  taking  of  domain. 
land  by  eminent  domain  (Doc.  No.  94),  reported  that  the  same 
ought  not  to  pass. 

The  report  was  read;    and  the  resolution  was  referred,  under 
the  rule,  to  the  Committee  of  the  Whole. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  order,  reported  by  the  committee  on  Contingent 
Expenses  and  Pay-Roll,  was  adopted:  - 

Ordered,  That  there  be  allowed  and  paid  to  such  engineers,  Engineers, 
firemen,  electricians,    helpers,    elevator    men,    oilers    and    steam  ^JJJmen 
fitters  as  may  be  employed  in  the  State  House  during  the  full  and  others,— 
term  of  the  Constitutional  Convention  the  sum  of  one  hundred  compen 
dollars  each  for  additional  labor  performed  and  loss  of  vacations. 
Such  members  of  the  force  aforesaid  who  may  not  be  employed 
for  the  full  term  shall  be  paid  upon  the  same  basis  proportional 
to  their  length  of  service,  all  as  determined  and  approved  by  the 
Sergeant-at-Arms. 

The  following  order,  reported  by  the  committee  on  Rules  and 
Procedure,  was  considered:  — 

Ordered,  That  the  subject  of  absentee  voting  be  assigned  for  Absentee 
consideration    in    Committee    of    the    Whole   immediately    after  votin«- 
disposition  of  the  subject  of  initiative  and  referendum. 

Mr.  Brown  of  Brockton  asked  for  a  count  of  the  Convention  Quorum. 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  87 
members  were  present. 

On  the  appearance  of  a  quorum  the  order  was  adopted. 


232 


JOURNAL  OF  THE  CONVENTION, 


Necessities 
of  life,  — 
acquirement, 


distribution. 


Members 
absent  in 
government 
service,  — 
arrangement 
of  pairs. 


The  following  order,  reported  by  the  committee  on  Rules  and 
Procedure,  was  adopted:  — 

Ordered,  That  the  Committee  of  the  Whole  consider  the  pro- 
posals of  amendment  to  the  Constitution  relative  to  the  acquire- 
ment, sale  and  distribution  of  the  necessities  of  life  immediately 
after  disposition  of  the  subject  of  absentee  voting. 

The  following  order  was  considered:  — 

Ordered,  That  members  of  the  Convention  who  are  granted 
leave  of  absence  on  account  of  military  or  naval  service  for  the 
national  government  be  authorized  to  arrange  to  be  paired  on 
questions  coming  before  the  Convention  on  which  the  yeas  and 
nays  are  ordered. 

After  debate  the  order  was  rejected,  as  recommended  by  the 
committee  on  Rules  and  Procedure,  by  a  vote  of  77  to  93. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Recess. 


Quorum. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Jones  of  Melrose  the  Convention  resolved 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  consid- 
ering the  matters  on  its  Docket. 

The  Chair  appointed  Mr.  Jones  as  chairman  of  the  Committee. 

Subsequently  Mr.  Jones,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  had  been  under  consideration,  that 
action  had  been  taken  on  certain  amendments,  but  that  no 
conclusion  was  reached. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
Chair  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

Mr.  Feiker  of  Northampton  doubted  the  presence  of  a  quorum. 
The  Chair  (Mr.  Washburn  of  Worcester)  requested  the  Sergeant- 
at-Arms  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  on  motion  of  Mr.  Jones  of  Mel- 
rose,  for  the  purpose  of  considering  the  matters  on  its  Docket. 

The  Chair  appointed  Mr.  Jones  as  chairman  of  the  Committee, 

Subsequently  Mr.  Jones,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and  ref- 
erendum (Doc.  No.  335)  had  been  under  consideration,  that 
action  had  been  taken  on  certain  amendments,  but  that  no  con- 
clusion was  reached. 


At  six  minutes  after  four  o'clock,  on  motion  of  Mr.  Bryant 
of  Milton  (Mr.  Washburn  being  in  the  chair),  the  Convention 
adjourned,  to  meet  to-morrow  at. half-past  ten  o'clock  A.M. 


THURSDAY,  SEPTEMBER  13,  1917.  233 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


THURSDAY,  September  13,  1917. 
Mr.  Jones  of  Melrose  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

The  amendments  previously  moved  by  Mr.  Dellinger  of  Wake-  Question  of 
field  were  first  considered;    and  after  the  time  for  debate  had  pnvllege- 
expired,  in  accordance  with  the  provisions  of  a  standing  order, 
Mr.  Willett  of  Norwood  rose  to  a  question  of  personal  privilege. 

Soon  afterwards  Mr.  William  H.  Sullivan  of  Boston  raised  the  Point  of  order, 
point  of  order  that  the  member  from  Norwood  was  not  confining 
his   remarks   to   a   question    of   privilege.      The    Chair   declared 
the  point  of  order  not  well  taken. 

Mr.  Sawyer  of  Ware  appealed  from  the  decision  of  the  Chair. 
The  appeal  was  seconded  by  Mr.  Carr  of  Hopkinton. 

After  debate  the  decision  of  the  Chair  was  sustained  by  the 
Committee. 

Mr.  James  H.  Brennan  then  moved  that  the  letters  read  by 
Mr.  Willett  be  stricken  from  the  records.  The  question  was  put, 
and  the  chairman  stated  that  the  motion  appeared  to  have  been 
negatived. 

Mr.    Luce   of   Waltham   raised   the   point   of   order   that   the  Point  of  order. 
Committee  had  no  power  over  the  records  of  the  Convention, 
and  that  therefore  the  motion  should  not  have  been  considered. 
The  Chair  declared  the  point  of  order  well  taken. 

The  amendments  previously  moved  by  Mr.  Dellinger  were  then 
rejected,  by  a  vote  of  129  to  148. 

The  amendment  of  lines  13  to  35,  inclusive,  previously  moved 
by  Mr.  Loring  of  Beverly,  was  then  considered. 

Mr.    Quincy    of    Boston   raised    the   point   of   order   that   the  Point  of  order, 
amendment  was  foreign  to  the  subject-matter  of  the  resolution. 

The  Chair  declared  the  point  of  order  not  well  taken, 
stating  that  Rule  26  contemplates  a  wide  latitude  in  matters 
of  this  nature. 

Mr.  Morrill  of  Haverhill  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  following  paragraph:  - 

"If  at  any  time  hereafter  any  specific  and  particular  amend- 
ment or  amendments  to  the  constitution  be  proposed  in  the 
general  court,  the  two  houses  thereof  shall  meet  together  in  a 
joint  session  and  the  president  of  the  senate  shall  preside.  If 
any  such  amendment  shall  be  agreed  to  at  such  joint  session  by 
a  majority  of  all  the  members  elected  to  the  general  court,  it 
shall  be  entered  upon  the  journals  of  the  two  houses  with  the 


234 


JOURNAL  OF  THE  CONVENTION, 


yeas  and  nays  thereon,  and  referred  to  the  general  court  then 
next  to  be  chosen,  and  shall  be  published;  and  in  the  general 
court  next  chosen  as  aforesaid,  the  two  houses  thereof  shall  meet 
together  in  a  joint  session  and  the  president  of  the  senate  shall 
preside.  If  any  such  amendment  shall  again  be  agreed  to  by  a 
majority  of  all  the  members  elected  to  the  general  court,  it 
shall  then  be  the  duty  of  the  general  court  to  submit  such 
amendment  or  amendments  to  the  people;  and  such  of  them  as 
may  be  approved  and  ratified  by  a  majority  of  the  qualified 
voters  voting  thereon  at  an  election  duly  called  for  that  purpose 
shall  become  part  of  the  constitution  of  this  commonwealth. 
If  the  two  houses  are  unable  to  agree  upon  a  time  for  a  joint 
session  for  voting  upon  an  amendment  or  amendments  to  the 
constitution,  the  governor  of  the  commonwealth  shall  appoint 
the  time  for  such  joint  session." 

After  further  debate  Mr.  Pillsbury  of  Wellesley  moved  that 
the  Committee  rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


Initiative  and 
referendum. 


Mr.  Quincy,  — 
amendment. 


Id. 


After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Jones  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  was  considered  further. 

The  amendment  of  lines  13  to  35,  inclusive,  previously  moved 
by  Mr.  Loring  of  Beverly,  was  rejected. 

The  amendments  previously  moved  by  Mr.  Donovan  of 
Springfield  were  rejected. 

The  amendments  of  lines  22  to  25,  inclusive,  previously  moved 
by  Mr.  Quincy  of  Boston,  were  considered;  and  after  debate  they 
were  withdrawn  by  that  member,  there  being  no  objection. 

Mr.  Quincy  then  moved  that  the  resolution  be  amended  by 
adding  at  the  end  of  line  35  the  words  "A  vote  shall  be  taken 
by  yeas  and  nays  in  both  branches  of  each  general  court,  before 
which  an  amendment  introduced  by  initiative  petition  is  pending, 
before  the  first  Wednesday  of  June  upon  agreeing  to  such  amend- 
ment in  the  form  in  which  it  stands  in  such  initiative  petition." 
This  amendment  was  adopted. 

The  amendment  of  lines  18  to  30,  inclusive,  previously  moved 
by  Mr.  Morrill  of  Haverhill,  was  considered;  and  after  debate 
it  was  rejected. 

The  amendment  of  lines  13  to  35,  inclusive,  previously  moved 
by  Mr.  Washburn  of  Middleborough,  was  withdrawn  by  that 
member,  there  being  no  objection. 

The  amendment  previously  moved  by  Mr.  Richardson  of 
Newton  was  considered;  and  after  debate  it  was  rejected,  by  a 
vote  of  106  to  129. 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  39,  the  word  "and",  and  inserting  in 
place  thereof  the  words  "a  vote  shall  be  taken  by  yeas  and  nays 
in  both  branches  of  such  general  court  before  the  first  Wednesday 


THURSDAY,  SEPTEMBER  13,  1917.  235 

of  June  upon  the  enactment  of  such  law  in  the  form  in  which  it 
stands  in  such  initiative  petition,  and  if".  After  debate  this 
amendment  was  adopted. 

The  amendments  of  lines  50,  52  and  53,  previously  moved  by 
Mr.  Luce  of  Waltham,  were  considered;  and  after  debate  they 
were  withdrawn  by  that  member,  there  being  no  objection. 

The  amendments  of  lines  50,  121  and  145,  previously  moved 
by  Mr..  Youngman  of  Boston,  were  considered. 

After  debate  Mr.  Curtis  of  Revere  moved  that  the  Committee 
rise;  and  this  motion  was  adopted,  by  a  vote  of  102  to  96. 

Accordingly  the  Committee  rose. 


236 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  September  14,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M., 
with  Mr.  Washburn  of  Worcester  in  the  chair. 

Prayer  was  offered  by  Rev.   Roland   D.   Sawyer  of  Ware,   a 
member  of  the  Convention. 


Debate  on 
initiative  and 
referendum. 


Procedure  in  Committee  of  the  Whole. 

Mr.  Luce  of  Waltham  moved  that,  in  the  further  consideration 
of  the  matter  now  pending  in  Committee  of  the  Whole,  on  each 
amendment  or  group  of  connected  amendments  a  speaker  for  the 
minority  of  the  committee  on  Initiative  and  Referendum  shall 
have  five  minutes,  to  be  taken  last  before  the  five  minutes  al- 
lotted to  the  majority  of  the  committee,  and  to  be  in  addition  to 
the  time  already  provided. 

After  debate  the  motion  was  adopted. 


Initiative  and 
referendum. 


Compensation 
for  porters  and 
watchmen. 


Debate  on 
initiative  and 
referendum. 


Printing  of  a  Convention  Document. 

Mr.  Edwin  U.  Curtis  of  Boston,  for  the  committee  on  Rules 
and  Procedure,  to  whom  was  referred  the  order  providing  that 
there  be  printed  for  the  use  of  the  members  of  the  Convention 
five  hundred  additional  copies  of  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335),  re- 
ported recommending  that  the  same  ought  to  be  adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Compensation  of  Certain  Employees. 

Mr.  Kenny  of  Boston  offered  the  following  order:  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and 
Pay-Roil  cqnsider  the  expediency  of  including  the  porters  of  the 
State  House  in  the  list  of  employees  receiving  one  hundred  dol- 
lars each  for  extra  work. 

Mr.  Underhill  of  Somerville  moved  that  the  order  be  amended 
by  inserting  after  the  word  "porters"  the  words  "and  watch- 
men". 

After  debate  the  amendment  was  adopted;  and  the  order,  as 
amended,  was  then  adopted. 

Debate  on  Initiative  and  Referendum. 

The  consideration  of  the  following  order,  offered  by  Mr.  Sawyer 
of  Ware,  was  postponed  until  the  next  session,  at  the  request  of 
Mr.  Sullivan  of  Salem:  — 

Ordered,  That,  in  debate  in  Convention  on  each  stage  of  the 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335),  speeches  be  limited  to  fifteen  minutes 


FRIDAY,  SEPTEMBER  14,  1917.  237 

each,  with  no  extension  of  time,  except  that  a  member  of  the  mi- 
nority and  a  member  of  the  majority  of  the  committee  on  Initia- 
tive and  Referendum  shall  each  be  allowed  one  hour  at  the  close 
of  debate  on  said  stages. 

Proposed  Discharge  of  the  Committee  of  the  Whole. 

Mr.    Bennett   of   Saugus   moved   that   the   Committee   of  the  Discharge  of 
Whole  be  discharged  from  the  further  consideration  of  all  mat-  §\tewl$£* 
ters  on  its  Docket.     After  debate  this  motion  was  negatived. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  Convention  re-  Committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  tneWhole- 
considering  the  matters  on  its  Docket. 

The  Chair  appointed  Mr.  Pillsbury  as  chairman  of  the  Com- 
mittee. 

Subsequently  Mr.  Pillsbury,  for  the  Committee,  reported  that  initiative  and 
the  Resolution  to  provide  for  establishing  the  initiative  and  refer-  referendum- 
endum  (Doc.  No.  335)  had  been  under  consideration,  that  action 
had  been  taken  on  certain  amendments,  but  that  no  conclusion 
was  reached. 

At  ten  minutes  before  one  o'clock,  on  motion  of  Mr.  Park- 
man  of  Boston  (Mr.  Washburn  being  in  the  chair),  the  Con- 
vention adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


FRIDAY,  September  14,  1917. 
Mr.  Pillsbury  of  Wellesley  in  the  chair. 

The  Resolution  to  provide  .for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335,  amended)  was  considered  further. 

The  amendments  of  lines  50,  121  and  145,  previously  moved 
by  Mr.  Youngman  of  Boston,  were  withdrawn  by  that  member, 
there  being  no  objection. 

Mr.   Merriam  of  Framingham  moved  that  the  resolution  be  Mr.  Memam, 
amended  by  inserting  after  line  83  the  following  paragraph:  — 

"No  law  or  amendment  to  the  constitution  relating  to  the 
declaration  of  rights  shall  be  the  subject  of  such  initiative 
petition." 

The  amendments  of  lines  50,  51  and  54,  previously  moved  by  Mr.  Walker,— 
Mr.  Walker  of  Brookline,  were  considered;   ancj  after  debate  they  am( 
were  adopted,  as  follows:  — 

Striking  out,  in  lines  50  and  51,  the  words  ",  subject  to  the 
provisions  of  the  constitution,";  and 


238 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Anderson, 
—  amendment. 


Id. 


Point  of  order. 


Adding  after  the  word  "law",  in  line  54,  the  words  ":  pro- 
vided,  that  the  limitations  of  the  legislative  power  of  the  general 
court  in  the  constitution  shall  extend  to  the  legislative  power  of 
the  people  as  exercised  hereunder". 

Mr.  Anderson  of  Newton  then  moved  that  the  resolution  be 
amended,  in  lines  30  and  46,  by  inserting  after  the  word 
"voters",  in  each  instance,  the  words  "obtained  after  the  first 
Wednesday  of  June  aforesaid". 

After  debate  these  amendments  were  adopted. 

Mr.  Anderson  also  moved  that  the  resolution  be  amended  by 
adding  at  the  end  of  line  35  the  words  "  Provided  that,  unless  at 
least  one-third  of  the  members  of  the  house  present  and  voting 
and  one-quarter  of  the  members  of  the  senate  present  and  voting 
in  both  of  the  annual  sessions  aforesaid  vote  to  adopt  the  initia- 
tive petition  for  a  constitutional  amendment,  it  shall  not  be  sub- 
mitted to  the  people." 

After  debate  the  amendment  was  adopted,  by  a  vote  of  132  to 
128. 

Mr.  Lomasney  of  Boston  moved  that  this  vote  be  reconsidered. 
After  debate  the  motion  to  reconsider  was  adopted,  by  a  vote 
of  142  to  115. 

The  Chair  proceeded  to  put  the  recurring  question,  whereupon 
Mr.  Luce  of  Waltham  raised  the  point  of  order  that,  the  vote 
on  the  amendment  having  been  reconsidered,  the  recurring  ques- 
tion was  open  to  debate.  The  Chair  declared  the  point  of  order 
not  well  taken. 

Mr.  Luce  then  appealed  from  the  decision  of  the  Chair;  and 
the  appeal  was  seconded  by  Mr.  Richardson  of  Newton. 

After  debate,  pending  the  question  on  the  appeal,  Mr.  Lomasney 
moved  that  the  Committee  rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


TUESDAY,  SEPTEMBER  18,  1917.  239 


TUESDAY,  September  18,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Arthur  D.  Stroud  of  Hudson. 

Reception  of  the  Japanese  War  Mission. 

On  motion  of  Mr.  Lummus  of  Lynn,  — 

Ordered,  That  a  committee  of  eleven  members  be  appointed 
to  wait  upon  His  Excellency  the  Governor,  and  upon  His 
Excellency  Viscount  Ishii  and  his  distinguished  colleagues  of 
the  Imperial  Japanese  War  Mission,  and  inform  them  that  the 
Massachusetts  Constitutional  Convention  is  now  in  session  and 
requests  the  pleasure  and  honor  of  their  presence. 

The  President  appointed  as  the  committee  Messrs.  Lummus 
of  Lynn,  Boucher  of  New  Bedford,  Coombs  of  Worcester,  Wonson 
of  Gloucester,  Bailey  of  Newbury,  Good  of  Cambridge,  Smith  of 
Provincetown,  Flye  of  Holbrook,  Maguire  of  Boston,  Bryant  of 
Milton  and  Weekes  of  Harwich;  and  they  proceeded  to  the 
discharge  of  their  duty  under  escort  of  the  Sergeant-at-Arms. 

Soon  afterwards  Mr.  Lummus,  for  the  committee,  reported 
that  they  had  attended  to  the  duty  assigned  them,  and  that  His 
Excellency  the  Governor  had  accepted  the  invitation  of  the 
Convention  for  himself  and  his  guests  and  for  the  Envoys  and 
their  guests,  and  that  they  would  attend  upon  the  Convention 
forthwith. 

Thereupon  His  Excellency  the  Governor,  His  Honor  the 
Lieutenant-Governor,  His  Excellency  Viscount  Ishii,  Ambassador 
from  Japan,  and  other  members  of  the  Japanese  Mission,  the 
Council,  and  His  Honor  the  Mayor  of  Boston,  accompanied  by 
various  civil  and  military  officers,  entered  the  Convention 
Chamber  under  escort  of  the  Sergeant-at-Arms. 

His  Excellency  Samuel  W.  McCall,  Governor  of  the  Common- 
wealth, was  then  presented  to  the  Convention,  and  spoke  as  fol- 
lows: — 

Mr.  PRESIDENT,  YOUR  EXCELLENCY:  —  It  has  been  your  good       TP 

.  .    '  .    ,          .      .  »  *\ ,  J    His  Excellency 

fortune   to   receive    the   special   missions   or    some   or    the   great  the  Governor. 

nations  who  are  now  our  allies  in  arms,  and  today  you  enjoy 

a  like  honor  when  you  welcome  the  envoys  from  the  Flowery 

Kingdom.     Two     generations     ago     an     American     commodore 

knocked  at  the  portals  of  the  Orient,  and  the  gates  swung  open. 

Our  visitors  have  doubtless  heard   much  of  Commodore  Perry 

during  their  travels  through  our  country,  and  I  will  spare  them 

more   than    an    allusion    to   an    event   which   serves   signally   to 

mark   the    beginning   of   our   friendly   relations    with    the    great 

power  beyond  the  Pacific. 

But  we  must  not  credit  that  event  with  certain  results  which 
are  due  to  the  progressive  spirit  and  the  genius  for  government 


240  JOURNAL  OF  THE  CONVENTION, 

characteristic  of  the  Japanese  people.  What  Washington  was  to 
America,  what  Cavour  was  to  Italy,  and  Bismarck  to  Germany, 
all  this  the  Emperor  Mutsuhito  was  to  Japan;  and  the  people 
proved  worthy  of  their  leader.  While  we  in  America  were 
struggling  to  save  the  Union,  Japan  was  in  the  throes  of  a 
revolution  which  involved  not  only  the  unity  of  the  Empire  but 
the  character  of  her  civilization.  Under  the  guidance  of  her 
young  Mikado,  whose  brilliant  statesmanship  was  no  more 
precocious  than  it  was  sagacious  and  sound,  her  feudal  system 
was  overthrown  and  upon  its  ruins  was  built  the  fair  and  en- 
during fabric  of  a  mighty  and  a  united  people.  He  established 
a  parliamentary  system  upon  the  most  advanced  principles  of 
constitutional  liberty,  and  the  quality  of  the  people  of  Japan, 
and  the  development  grafted  upon  it,  have  put  her  in  the  front 
rank  of  the  great  nations.  For  many  centuries  Japan  had  been 
a  hermit  nation,  having  little  intercourse  with  other  powers. 
Her  people  had  lived  in  a  world  of  their  own,  and  while  to  us 
they  appeared  to  slumber,  it  was  a  slumber  that  was  throbbing 
and  vital,  and"  full  of  that  richness  of  spirit  that  will  come  to  a 
people  who  give  themselves  time  to  grow. 

It  was  not  all  gain  when  they  exchanged  their  serene  isolation 
for  a  restless  and  an  almost  haggard  civilization.  The  western 
nations  have  apparently  unleashed  forces  which  they  cannot 
control.  Those  portents  of  energy  called  into  being  by  the 
inventive  genius  of  man  have  come  to  threaten  us  with1  mastery 
and  we  are  in  danger  of  becoming  their  victims  and  their  slaves. 
They  give  us  in  peace  a  tense  industrial  and  social  order  and  a 
life  out  of  which  much  of  repose  has  gone.  They  have  made 
war  so  horrible  and  deadly  that  our  civilization  will  be  com- 
pelled to  choose  between  peace  and  its  own  suicide.  Japan  will 
far  more  than  repay  any  debt  she  may  owe  our  western  civiliza- 
tion if  she  shall  impart  to  it  something  of  her  old  repose,  and 
help  subordinate  its  mighty  engines  to  the  use  and  not  to  the 
destruction  of  man.  She  is  superbly  placed  upon  the  globe  to 
aid  in  extending  the  domain  of  law  so  that  barbaric  strength 
and  grossness  of  spirit  may  never  again  overturn  the  balance 
of  the  world.  She  may  greatly  help  to  promote  that  sanity 
and  judgment  in  adjusting  the  controversies  between  nations 
that  now  govern  in  the  settlement  of  individual  disputes.  She 
is  by  our  side  in  this  universal  war.  Side  by  side  may  we  be  when 
the  glorious  victory  shall  have  been  won.  And  side  by  side 
may  we  still  stand  in  winning  that  greater  victory  by  which 
mankind  shall  forever  be  emancipated  from  its  degrading  servi- 
tude to  war.  If  she  shall  do  that  the  people  of  the  world  will 
turn  their  faces  to  the  East  and  gratefully  receive  upon  their 
brows  the  benignant  beams  of  the  sun  of  Nippon. 

His  Honor  James  M.  Curley,  Mayor  of  the  City  of  Boston, 
was  then  presented  to  the  Convention,  and  spoke   as   follows :  - 
H?f?H?nOT  ^r*    PRESIDENT>    YOUR    EXCELLENCY,    DISTINGUISHED    AND 

th^Mayor.  HONORED     VISITORS,     MEMBERS     OF     THE     CONSTITUTIONAL     CON- 

VENTION:  —  This  has  indeed  been  a  most  eventful  year  in  the 
life  of  Massachusetts.  Within  this  chamber,  dedicated  to  the 
making  of  laws  for  the  promotion  of  the  welfare  of  the  people,  it 


TUESDAY,  SEPTEMBER  18,  1917.  241 

has  been  our  great  privilege  to  welcome  that  colossal  figure  from 
our  sister  republic  of  France,  the  immortal  hero  of  the  Marne, 
Marshal  Joffre.  It  has  been  our  extreme  pleasure  to  welcome 
here  the  representative  of  the  Italian  people.  It  has  been  our 
great  pleasure  to  welcome  here  the  representative  of  that  small 
but  mighty  host  who  stood  in  the  pathway  of  imperial  brutality 
and  Prussian  militarism  and  saved  democracy,  the  representative 
of  Belgium.  It  has  been  our  great  privilege  as  lovers  of  liberty 
and  advocates  of  peace  and  order  and  justice  in  the  administra- 
tion of  public  affairs  to  welcome  with  open  arms  and  warm  hearts 
the  representative  of  the  new  Republic  of  Russia. 

There  has  gradually  been  unfolded  and  evolved  in  the  progress 
that  has  taken  place  in  this  capitol  and  the  other  capitols 
of  the  United  States  a  new  form  of  diplomacy.  There  has 
been  an  abandonment  of  the  old  principle  of  secret  diplomacy, 
and  that  abandonment  lends  color  to  the  belief  and  strength  to 
the  hope  that,  in  the  future,  nations  as  individuals  will  formulate 
and  base  opinion  on  a  true  perspective  rather  than  a  narrow 
vision.  And  in  this  hour  of  the  nation's  life,  the  most  crucial 
and  critical,  it  is  our  great  pleasure  as  a  municipality  and  as  a 
State  to  welcome  the  representatives  of  the  mighty  Empire  of 
the  East,  Japan,  —  to  welcome  them  in  a  trend  of  thought  and  in 
a  spirit  and  purpose  of  ideal  both  new  and  strange  to  Japan 
and  America;  to  welcome  them  because  of  the  ideals  that  they 
today  represent  in  this  titanic  world  struggle;  to  welcome  them 
in  the  same  spirit  that  America  displays  in  this  world  struggle, 
in  the  spirit  of  service  to  humanity  without  desire  either  for 
indemnity  or  for  annexation  of  territory;  to  welcome  them  in  a 
spirit  of  true  democracy;  and  to  say  to  them  and  through  them 
to  the  people  of  Japan  that,  in  this  struggle  for  stable  govern- 
ment, in  this  struggle  for  permanent  world  peace,  we  welcome 
them  as  an  ally,  not  to  the  conclusion  of  the  present  war  alone 
but  to  the  end  of  time. 

President  John  L.  Bates  then  spoke  as  follows :  — 
DISTINGUISHED   REPRESENTATIVES  OF  JAPAN:  —  On  behalf  of 
this    Constitutional   Convention   I   join   in   the   hearty   welcome  Bates, 
being  extended  to  you  not  only  by  Boston  and  Massachusetts  but 
also  by  all  America. 

Massachusetts  maintains  not  only  that  every  individual  but 
that  every  nation  has  an  equal  right  to  the  pursuit  of  life,  liberty 
and  happiness  and  to  establish  its  own  form  of  government.  She 
is  the  uncompromising  foe  of  tyranny  and  oppression.  She  can 
not  tolerate  a  diplomacy  that  makes  solemn  treaties  but  scraps 
of  paper  or  that  substitutes  might  for  right  in  its  motive  for 
action.  She  believes  she  has  added  something  to  the  sum  total 
of  human  liberties  through  the  contribution  she  has  made  to  the 
development  of  the  principles  of  constitutional  government,  of 
representative  democracy  and  of  the  separation  of  legislative, 
executive  and  judicial  functions.  Not  satisfied  with  what  has 
been  attained,  she  ever  looks  forward  to  new  ideals  and  works 
toward  them,  and  so,  while  we  are  in  arms  fighting  the  common 
enemy  of  mankind,  we  are  here  examining  anew  the  fundamental 
principles  of  our  government  to  the  end  that  as  a  State  we  may 


242  JOUENAL  OF  THE  CONVENTION, 

be  most  efficient  in  doing  our  part  in  the  onward  progress  of 
men. 

Within  the  memory  of  men  now  sitting  here,  America 
stretched  out  her  friendly  hands  to  Japan  across  the  sea  and 
invited  her  to  the  family  circle  of  nations.  Japan  accepted  the 
invitation,  and  since  that  time  has  made  such  marvelous  progress 
as  to  win  the  admiration  of  the  world,  and  has  developed  an 
efficiency  rarely  equalled  and  seldom,  if  ever,  excelled.  Great 
as  has  been  the  change  in  Japan,  equally  great  has  been  the 
change  in  the  world.  Then  we  looked  upon  you  as  on  the  far 
side  of  the  globe,  10,000  miles  across  the  sea.  Now  you  are  our 
next  door  neighbor,  for  within  these  years  the  wonderful  unfold- 
ing of  the  human  mind  has  developed  those  means  of  transporta- 
tion and  communication  that  have  knitted  the  world  together, 
and  the  mountain  ranges  are  not  high  enough,  nor  the  wastes 
of  the  seas  wide  enough  to  be  barriers  between  men.  No  longer 
is  any  place  remote.  There  is  neither  East  nor  West,  North  nor 
South,  but  all  is  here.  As  neighbors,  then,  we  welcome  you,  for 
we  have  great  problems  to  work  out  together  for  our  mutual 
welfare,  and  trust  that  your  visit  will  so  advance  their  solution 
as  to  tend  toward  the  perpetuation  of  the  friendship  and  good 
will  that  has  so  long  existed  between  us. 

We  welcome  you  not  only  as  representatives  of  a  great,  re- 
spected and  friendly  nation,  but  also  as  allies  in  the  greatest 
war  in  all  history.  These  are  indeed  troublous  times.  A  hur- 
ricane of  savagery  sweeps  the  world.  From  beneath  the  deep 
dragons  lift  their  heads  and  crush  the  beneficent  commerce. 
From  out  of  the  earth  they  belch  forth  liquid  fire  and  poisonous 
vapors.  They  wing  their  way  to  the  very  heavens  and  drop 
death  into  the  blanched  faces  of  men.  Yet  our  courage  falters 
not  for,  look!  amid  the  tumult  and  the  tempest  we  see  the 
tricolors  of  France  and  Belgium  and  Russia  and  Italy,  the  inter- 
twined crosses  of  Saint  George,  Saint  Andrew  and  Saint  Patrick, 
the  Rising  Sun  of  Japan  and  the  Stars  and  Stripes  of  America, 
all  waving  side  by  side  on  the  battle  line  and  all  advancing  to- 
gether. And  we  know  no  enemy  can  withstand  them,  and  that 
tyranny  and  selfishness,  bad  faith  and  hatred  shall  be  buried  in 
trenches  of  their  own  digging,  that  out  of  this  shedding  of  blood 
there  shall  come  the  binding  of  nations  together,  that  out  of  this 
reign  of  terror  there  shall  come  a  reign  of  peace,  and  that  the 
spirit  of  righteousness,  good  will  and  brotherhood  shall  spread 
and  be  triumphant  everywhere. 

Members  of  the  Convention,  I  take  exceeding  great  pleasure 
in  presenting  to  you  the  Ambassador  from  Japan,  Viscount  Ishii. 

Response  was  then  made  by  His  Excellency  Viscount  Ishii, 
Ambassador  from  Japan,  as  follows :  — 

ofdvSSunt  YOUE    EXCELLENCY    THE    GOVERNOR,    MR.   PRESIDENT   AND 

ishii.  GENTLEMEN  OF  THE  CONVENTION:  —  I  am  highly  complimented 

by  an  invitation  to  address  you  in  this  House,  which  throughout 
your  history  has  rung  with  eloquence  unsurpassed  in  any  tongue, 
with  the  loftiest  appeals  to  the  noblest  sentiments  of  mankind 
from  the  lips  of  patriots  whose  names  are  written  large  on  the 
walls  of  the  corridors  of  fame. 


TUESDAY,  SEPTEMBER  is,  1917.  243 

But  it  would  not  become  me  to  occupy  your  time  or  interrupt 
momentous  discussions  which  are  of  vital  importance  not  only 
to  your  country  but  to  all  the  world.  Let  me  say,  however, 
that  Massachusetts  and  New  England  are  very  close  to  Japan.  . 
Many  of  our  leading  men  owe  to  these  surroundings  the  im- 
pressions and  the  education  which  has  enabled  them  to  take 
their  places  in  the  varying  walks  of  life  in  their  homeland. 
Next  to  the  land  of  their  birth,  dear  to  them  above  all  else  on 
earth,  they  recall  college  friends  and  the  happy  days  spent  in 
study  and  at  play  at  Cambridge.  These  always  pay  a  tribute 
of  affection  to  their  alma  mater  and  take  increasing  pride  in  the 
splendid  record  she  is  making  in  the  upbuilding  of  men  and  a 
nation. 

Massachusetts  and  New  England  have  wielded  a  vast  in- 
fluence upon  the  civilization  of  our  time.  In  literature,  art, 
science  and  industry  that  influence  has  been  felt  and  is  being 
exercised  throughout  the  world.  In  all  of  these  there  has  been 
no  narrow  prejudice,  for  you  have  gathered  from  and  sent  to  the 
furthest  corners  of  the  earth  the  most  representative  and  best. 

Japan  owes  much  to  Massachusetts  and  to  Boston.  We  have 
learned  from  you  at  home,  and  your  men  and  women  have 
labored  in  our  midst  unselfishly  and  well  to  our  great  advantage. 

In  this  connection  you  will  permit  me  to  pay  a  tribute  to  the 
memory  of  a  great  New  England  gentleman  whose  name  is  well 
known  to  you  and  who  will  by  all  others  from  New  England  or 
elsewhere  be  ungrudgingly  conceded  a  premier  place  among 
those  who  have  worked  unselfishly  and  effectively  for  the  better- 
ment of  mankind.  I  refer  to  the  late  Henry  Willard  Denison, 
for  over  thirty  years  the  guide,  the  counsellor  and  the  friend  of 
Japan.  He  was  my  friend,  and  I  cannot  let  this  opportunity 
go  by  to  say  that  I  am  honored  by  the  memory  of  that  friend- 
ship. Not  only  this,  but  he  was  the  friend  of  Japan,  and  all 
Japan,  from  His  Imperial  Majesty,  the  Emperor,  to  the  least 
among  us,  unite  in  laying  tribute  at  his  resting  place  on  the 
hills  above  the  capital. 

He  was  a  great  American  who  typified  America  in  all  his  life 
and  who  has  done  more  than  all  the  rest  of  us  to  weld  the  bonds 
that  he  knew  and  I  know  must  bind  us.  Rugged,  strong,  brave 
and  independent,  Denison  lived  and  died  an  American  and  lived 
and  died  his  faith  unfaltering  in  the  future  of  our  relationship. 

And  now,  gentlemen  of  this  Convention,  in  thanking  you  for 
your  courtesy  and  your  patience,  permit  me,  before  leaving  you 
to  your  deliberations,  to  quote  from  an  address  delivered  here 
in  Boston,  sixty-nine  years  ago  —  an  address  that  must  deeply 
impress  itself  on  any  reader  and  on  everyone  who  seeks,  as  you 
and  I  and  all  of  us  must,  to  build  our  nations  to  the  highest 
point  of  national  achievement  and  greatness.  It  was  Charles 
Sumner  who  said  —  he  may  have  been  speaking  from  this 
historic  rostrum : 

"This  true  grandeur  of  humanity  is  in  moral  elevation,  sus- 
tained and  lightened  and  decorated  by  the  intellect  of  man. 
The  truest  tokens  of  this  grandeur  in  a  State  are  the  diffusion 
of  the  greatest  happiness  among  the  greatest  number  and  the 


244. 


JOURNAL   OF  THE   CONVENTION, 


Thanks 
of  Delegate 
Parker  of 
Boston. 


James  P. 
Richardson. 


Reports  of 
committees, 
extension  of 
time. 


"Appropria- 
tions for 
Sectarian 
and  Private 
Purposes  ",  — 
additional 
copies. 


passionless  justice  which  controls  the  relations  of  the  State  to 
other  States  and  to  all  the  people  committed  to  its  charge. " 

Applying  this  great  utterance  as  a  rule  for  guidance  in  in- 
ternational affairs,  I  can  say  to  you  that  it  fills  the  ideal  of  the 
true  spirit  of  Japan  in  her  dealings  with  you  and  with  the 
world.  I  thank  you. 

His  Excellency,  His  Honor,  Viscount  Ishii,  the  Council,  the 
Mayor  and  other  guests  then  withdrew.  The  President  an- 
nounced that  opportunity  would  immediately  be  given  the 
members  to  greet  in  person  the  distinguished  guests  in  Memorial 
Hall. 

On  motion  of  Mr.  Powers  of  Newton  the  addresses  of  the 
Governor,  the  Mayor,  the  President  and  Viscount  Ishii  were 
ordered  printed  as  a  part  of  the  records  of  the  Convention. 

Thanks  of  Delegate  George  S.  Parker. 

A  communication  from  Delegate  George  S.  Parker  of  Bos- 
ton, conveying  his  appreciation  of  the  resolution  of  sympathy 
adopted  and  extended  to  him  recently  in  the  death  of  his  wife, 
was  read  and  placed  on  file. 

Leave  of  Absence. 

On  motion  of  Mr.  Powers  of  Newton,  — 

Voted,  That  Mr.  Richardson  of  Newton  be  granted  leave  of 
absence  for  one  week,  under  Rule  13,  in  order  that  he  may 
attend  to  duties  devolving  upon  him  as  a  member  of  the  faculty 
of  the  Law  School  of  Dartmouth  College. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Creed  of  Boston,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday, 
September  25,  in  which  to  report  on  matters  before  them. 

Printing  of  a  Convention  Bulletin. 

Mr.  Edwin  U.  Curtis  of  Boston,  for  the  committee  on  Rules 
and  Procedure,  to  whom  was  referred  the  order  providing  that 
there  be  printed  five  hundred  additional  copies  of  the  bulletin 
on  "Appropriations  for  Sectarian  and  Private  Purposes",  pre- 
pared by  the  commission  appointed  to  compile  information  and 
data  for  the  Convention,  reported  recommending  that  the  same 
ought  to  be  adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Manual  of  the  Convention. 

Mr.  Williams  of  Brookline,  for  the  committee  on  Rules  and 
Procedure,  who  were  authorized  and  instructed  to  report  rules 
and  orders  for  the  government  of  the  Convention,  reported 
recommending  the  adoption  of  the  following  order:  — 


TUESDAY,  SEPTEMBER  18,  1917.  245 

Ordered,  That  there  be  printed  one  thousand  additional  copies  Manual  of  the 
of  the  Manual  of  the  Constitutional  Convention,  five  hundred  SSSSSi 
to  be  distributed  under  the  direction  of  the  Committee  on  Rules  copies, 
and  Procedure  and  five  hundred  to  be  offered  for  sale  at  cost. 

The  report  was  read;  and,  at  the  request  of  Mr.  Underhill  of 
Somerville,  the  consideration  of  the  order  was  postponed  until 
the  next  session. 

Amendment  of  Rules  4&>  15  and  2. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro-  RUies  45, 15 
cedure,  who  were  authorized  and  instructed  to  report  rules  and 
orders  for  the  government  of  the  Convention,  reported  recom- 
mending that  Rule  45  be  amended  by  inserting  in  line  13,  next 
after  the  words  "suspension  of  any  rule",  the  words  "and  upon 
an  appeal  from  the  decision  of  the  Chair",  and  by  adding  at  the 
end  thereof  the  words  "The  statement  of  any  question  of  per- 
sonal privilege  shall  be  limited  to  five  minutes.";  also  that 
Rule  15  be  amended  by  adding  at  the  end  thereof  the  words 
"  ,  and  upon  the  taking  of  any  vote  the  President  may  require 
that  all  members  shall  resume  and  remain  in  their  places  until 
final  verification  of  the  vote";  also  that  Rule  2  be  amended  by 
striking  out  the  words  "in  preference  to  other  members". 

The  report  was  read;  and  it  was  considered  forthwith  and 
was  accepted.  Therefore  the  rules  were  amended  as  recom- 
mended. 

Debate  on  the  Initiative  and  Referendum. 

The  following  order,  offered  by  Mr.  Sawyer  of  Ware,  the  con- 
sideration of  which  was  postponed  from  the  last  session,  was  con- 
sidered: — 

Ordered,  That,  in  debate  in  Convention  on  each  stage  of  the  Debate  on 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum  (Doc.  No.  335),  speeches  be  limited  to  fifteen  minutes 
each,  with  no  extension  of  time,  except  that  a  member  of  the 
minority  and  a  member  of  the  majority  of  the  committee  on 
Initiative  and  Referendum  shall  each  be  allowed  one  hour  at  the 
close  of  debate  on  said  stages. 

Mr.  George  of  Haverhill  moved  that  the  order  be  amended  by  Mr.  George,  - 
striking  out  the  word  "fifteen",  and  inserting  in  place  thereof  amendment, 
the  word  "thirty". 

Mr.  Bryant  of  Milton  then  moved  that  the  order  be  referred  to 
the  committee  on  Rules  and  Procedure;  and  this  motion  was 
adopted. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  Convention  re-  Committee  of 
solved  itself  into  Committee  of  the  Whole,  for  the  purpose  of  the  Whole- 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pillsbury  to  take  the  chair. 

Subsequently  Mr.  Pillsbury,  for  the  Committee,  reported  that  initiative  and 
the    Resolution    to    provide   for   establishing   the   initiative   and  referendum- 
referendum  (Doc.  No.  335)  had  been  under  consideration,  that 


246 


JOURNAL  OF  THE  CONVENTION, 


Recess. 


Quorum. 


Submission  of 
amendments 
at  the  1917 
state  election. 


Absentee 
voting. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


action  had  been  taken  on  certain  amendments,  but  that  no  con- 
clusion was  reached. 

Recess. 

At  twenty-four  minutes  before  two  o'clock,  on  motion  of  Mr. 
Edwin  U.  Curtis  of  Boston,  the  Convention  took  a  recess  for  one 
hour. 

Quorum. 

At  the  expiration  of  the  recess  Mr.  Anderson  of  Newton 
doubted  the  presence  of  a  quorum. 

Submission  of  Amendments  to  the  People. 

On  the  appearance  of  a  quorum  the  same  member  moved  that 
the  committee  on  Rules  and  Procedure  be  requested  to  report  to 
the  Convention  by  Wednesday,  September  26,  either  favorably 
or  unfavorably,  the  following  order,  offered  by  Mr.  McCormack 
of  Boston,  and  referred  to  said  committee  on  September  7:- 

Ordered,  That,  in  the  event  of  the  deliberations  of  the  Con- 
vention not  having  been  concluded  on  or  before  the  date  wherein 
the  ballot  for  the  state  election  for  the  year  1917  must  be  pre- 
pared for  printing,  the  committee  on  Rules  and  Procedure  con- 
sider the  expediency  of  the  Convention  submitting  to  the  people 
at  the  coming  state  election  such  alterations  or  amendments  of 
the  Constitution  as  shall  be  duly  authorized  and  engrossed. 

After  debate  the  motion  of  Mr.  Anderson  was  adopted. 

Discharge  of  the  Committee  of  the  Whole. 

On  motion  of  Mr.  Parkman  of  Boston,  — 

Voted,  That  the  Committee  of  the  Whole  be  discharged  from 
the  further  consideration  of  the  Resolution  to  provide  for  ab- 
sentee voting  (Doc.  No.  58),  and  that  it  be  placed  first  in  the 
Orders  of  the  Day  for  the  next  session. 

Committee  of  the  Whole. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  Convention  re- 
solved itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Pillsbury  to  take  the  chair. 

Subsequently  Mr.  Pillsbury,  for  the  Committee,  reported  that 
the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  had  been  under  consideration,  that 
action  had  been  taken  on  certain  amendments,  but  that  no 
conclusion  was  reached. 


At  seven  minutes  after  four  o'clock,  on  motion  of  Mr.  Bryant 
of  Milton,  the  Convention  adjourned,  to  meet  to-morrow  at 
half-past  ten  o'clock  A.M. 


TUESDAY,  SEPTEMBER  18,  1917.  247 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE, 


TUESDAY,  September  18,  1917. 
Mr.  Pillsbury  of  Wellesley  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335,  amended)  was  considered  further. 

After  debate  the  pending  question  "Shall  the  decision  of  the 
Chair  stand  as  the  judgment  of  the  Committee?"  was  decided  in 
the  affirmative,  by  a  vote  of  134  to  124. 

On  the  recurring  question  the  amendment,  previously  moved  ^ 
by  Mr.  Anderson  of  Newton,  was  adopted,  by  a  vote  of  131  to 
130,  as  follows:  — 

Adding  at  the  end  of  line  35  the  words  "  Provided  that,  unless 
at  least  one-third  of  the  members  of  the  house  present  and  voting 
and  one-quarter  of  the  members  of  the  senate  present  and  voting 
in  both  of  the  annual  sessions  aforesaid  vote  to  adopt  the  initi- 
ative petition  for  a  constitutional  amendment,  it  shall  not  be  sub- 
mitted to  the  people." 

Mr.    Swig   of   Taunton   withdrew   the   amendment   previously  Mr.  Swig,  — 
moved  by  him,  there  being  no  objection.  amendments. 

The  same  member  then  moved  that  the  resolution  be  amended 
as  follows:  — 

By  inserting  after  the  word  "commonwealth,"  in  line  82,  the 
words  "and  no  law  relating  to  religion,  religious  practices  or 
religious  institutions,";  and 

By  inserting  after  the  word  "institutions,",  in  line  150,  the 
words  "and  no  law  relating  to  religion,  religious  practices  or 
religious  institutions,". 

Mr.    Walcott    of    Cambridge    moved    that    the   resolution    be  Mr.  Waicott,— 
amended  by  inserting  after  the  word  "penalties",  in  line  156,  *in™d™*i- 
the  words   "for  the  circulation  of  petitions  for  hire  or  reward 
and". 

Mr.    Washburn   of   Worcester   moved   that   the   resolution   be  Mr.  Washburn, 
amended  by  inserting  after  the  word  "penalties",  in  line  156,  -amendment- 
the  words  "for  the  signing  of  any  such  petition  for  money  or 
other  valuable  consideration  and". 

Mr.  Bryant  of  Milton  moved  that  the  resolution  be  amended 
as  follows:  — 

By  inserting  in  line  67,  after  the  words  "earlier  than",  the 
words  "the  first  Wednesday  of  the  August  and  not  later  than"; 
and 

By  inserting  after  line  80  the  following  paragraph:  — 

"If  an  initiative  petition  for  a  constitutional  amendment  or 
for  a  law,  signed  by  ten  qualified  voters,  shall  be  filed  with  the 
secretary  of  the  commonwealth  not  later  than  the  first  Wednes- 
day of  September  as  hereinbefore  provided,  then  at  any  time 


248 


JOURNAL  QF  THE  CONVENTION, 


Mr.  Balch,  — 
amendments. 


Mr.  Anderson, 
—  amendment. 


Mr.  Mancovitz, 
—  amend- 
ments. 


before  the  first  Wednesday  of  the  following  October  a  petition 
concerning  the  same  general  subject,  signed  by  ten  qualified 
voters,  may  be  filed  with  the  secretary  of  the  ccmmonwealth, 
and  if,  in  the  case  of  a  constitutional  amendment,  the  remainder 
of  the  forty  thousand  signatures,  and  in  the  case  of  a  law,  the 
remainder  of  twenty  thousand  signatures  to  said  petition,  shall 
be  filed  not  later  than  the  first  Wednesday  of  the  following 
December,  the  secretary  of  the  commonwealth  shall  transmit 
such  petition  to  the  clerk  of  the  house  of  representatives,  and  the 
proposed  constitutional  amendment  or  law  which  is  the  subject 
of  such  petition  shall  then  be  deemed  to  be  introduced  into  that 
general  court  and  pending  in  the  house  of  representatives." 

Mr.  Balch  of  Boston  moved  that  the  resolution  be  amended 
by  adding  at  the  end  of  line  163  the  words  "governor,  the  attor- 
ney-general and  the";  and  by  inserting  after  the  word  "com- 
monwealth,", in  line  164,  the  words  "or  a  majority  of  them,". 

Mr.  Anderson  of  Newton  moved  that  the  resolution  be 
amended  by  adding  at  the  end  of  line  54  the  words  "  Provided 
that,  unless  at  least  one-third  of  the  members  of  the  house 
present  and  voting  and  one-quarter  of  the  members  of  the 
senate  present  and  voting  vote  to  adopt  the  initiative  petition 
for  a  law,  it  shall  not  be  submitted  to  the  people." 

Mr.  Mancovitz  of  Boston  moved  that  this  amendment  moved 
by  Mr.  Anderson  be  amended  as  follows:  — 

By  striking  out  the  word  "one-third",  and  inserting  in  place 
thereof  the  word  "  one-fourth  " ; 

By  striking  out  the  word  "one-quarter",  and  inserting  in  place 
thereof  the  word  "  one-fifth  " ;  and 

By  inserting  after  the  word  "vote"  the  words  "by  a  call  of 
the  yeas  and  nays  in  each  branch". 

After  debate  Mr.  Clapp  of  Lexington  moved  that  the  question 
first  be  put  on  the  last  amendment  moved  by  Mr.  Mancovitz; 
and  this  motion  prevailed.  Said  amendment  was  then  adopted, 
by  a  vote  of  234  to  0. 

At  three  minutes  past  one  o'clock  (the  Chairman  not  having 
dissolved  the  meeting)  Mr.  Mancovitz  moved  that  the  Commit- 
tee rise;  and  this  motion  was  negatived. 

The  amendment  striking  out  the  word  "one-third"  and  in- 
serting in  place  thereof  the  word  "one-fourth"  was  rejected,  by 
a  vote  of  120  to  131. 

The  amendment  striking  out  the  word  "one-quarter"  and  in- 
serting in  place  thereof  the  word  "one-fifth"  was  rejected,  by  a 
vote  of  129  to  134. 

At  fifteen  minutes  past  one  o'clock  Mr.  Edwin  U.  Curtis  of 
Boston  moved  that  the  Committee  rise;  and  this  motion  was 
negatived. 

After  further  debate  the  amendment  moved  by  Mr.  Anderson, 
as  amended,  was  rejected,  by  a  vote  of  127  to  134. 

At  twenty-six  minutes  before  two  o'clock  Mr.  Horgan  of 
Boston  moved  that  the  Committee  rise;  and  this  motion  was 
adopted. 

Accordingly  the  Committee  rose. 


TUESDAY,  SEPTEMBER  18,  1917.  249 

After  the  recess  the  Committee  resumed  consideration  of  its 
Docket,  Mr.  Pillsbury  being  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335,  amended)  was  considered  further. 

The  following  amendment,  previously  moved  by  Mr.  Luce  of  Mr.  Luce,  — 
Waltham,  was  considered:  Inserting  after  line  54  the  following  amendment- 
paragraph:  — 

"If  proposed  laws  contain  conflicting  provisions,  the  governor 
shall  designate  one  of  such  laws  to  be  submitted  to  the  voters. 
If  it  is  rejected,  the  governor  in  office  on  the  first  Wednesday  of 
August  before  the  succeeding  election  [A]  may  designate  another 
to  be  put  on  the  ballot,  and  so  on  until  one  has  been  accepted  or 
all  have  been  rejected." 

Mr.  Quincy  of  Boston  moved  that  this  amendment  be  amended 
by  the  substitution  of  the  following  paragraphs,  with  the  heading 
"Conflicting  Measures":  — 

"All  proposed  measures  to  be  submitted  to  the  people  at  any 
one  election  shall  be  submitted  by  the  secretary  of  the  common- 
wealth to  the  attorney-general  for  his  inspection,  and  in  case 
two  or  more  proposed  constitutional  amendments,  or  two  or 
more  proposed  laws,  to  be  submitted  to  the  people  at  any  one 
election,  under  the  provisions  hereof  or  otherwise,  shall  appear 
to  the  attorney-general  to  be  in  substantial  conflict  with  each 
other,  he  may  order  that  such  conflicting  constitutional  amend- 
ments, or  such  conflicting  laws,  shall  be  grouped  and  designated 
on  the  ballot  as  conflicting  measures,  only  one  of  which  is  to  be 
adopted;  but  in  no  case  shall  a  proposed  constitutional  amend- 
ment and  a  proposed  law  be  so  grouped  as  in  conflict  with  each 
other,  and  the  ballot  shall  afford  an  opportunity  to  each  voter 
to  vote  for  or  against  each  of  the  measures  so  grouped  as  con- 
flicting. In  case  more  than  one  of  the  measures  so  grouped  as 
conflicting  shall  receive  the  affirmative  vote  of  a  majority  of  the 
voters  voting  thereon,  only  that  one  of  the  same  for  which  the 
largest  affirmative  vote  was  cast  shall  be  deemed  to  be  approved. 

"In  case  any  provisions  of  two  or  more  constitu  ional  amend- 
ments, or  of  two  or  more  laws,  approved  by  the  people  at  the 
same  election  are  in  conflict  with  each  other,  then  the  provisions 
contained  in  the  constitutional  amendment,  or  in  the  law,  as 
the  case  may  be,  which  received  the  largest  number  of  affirmative 
votes  shall  be  deemed  to  govern. 

"Any  law  approved  by  the  people  shall  be  subject  to  any 
amendment  to  the  constitution  approved  by  the  people  at  the 
same  election,  in  the  same  manner  as  if  such  amendment  had 
been  in  force  prior  to  the  approval  of  such  law." 

Mr.  Shanahan  of  Somerville  moved  that  the  amendment  moved 
by  Mr.  Luce  be  amended  at  "A"  by  striking  out  the  word 
"may",  and  inserting  in  place  thereof  the  word  "shall". 

After  debate  the  further  consideration  of  the  amendments  of 
Messrs.  Luce,  Quincy  and  Shanahan  was  postponed  until  the 
next  session  of  the  Committee,  on  motion  of  Mr.  Williams  of 
Brookline. 

The   remaining  amendment   at  line  54,  previously  moved  by 


250 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Luce,  — 

amendment. 


Mr.  Kilbon,  — 
amendment. 


Mr.  Luce  of  Waltham,  was  considered  as  changed  by  that  mem- 
ber, there  being  no  objection,  as  follows:  Inserting  after  line  54 
the  following  paragraph:  — 

"  The  same  measure,  either  in  form  or  essential  substance,  shall 
not  be  made  the  subject  of  an  initiative  petition  (either  affirma- 
tively or  negatively)  [A]  oftener  than  once  in  three  years.  The 
attorney-general  shall  certify  before  an  initiative  petition  is  filed 
that  the  measure  petitioned  for  is  not,  either  in  form  or  in  essen- 
tial substance,  either  affirmatively  or  negatively,  the  same  as  any 
measure  which  has  been  submitted  to  the  people  within  three 
years  of  such  date." 

Mr.  Kilbon  of  Springfield  moved  that  this  amendment  be 
amended  by  inserting  at  the  beginning  thereof  the  words  "If  a 
measure  shall  have  been  accepted  or  rejected  by  a  majority 
greater  than  ten  per  cent  of  the  votes  cast  upon  it";  and  by 
striking  out  at  "A"  the  words  "oftener  than  once  in  three  years", 
and  inserting  in  place  thereof  the  words  "until  three  years  shall 
have  elapsed".  After  debate  these  amendments  were  rejected. 

The  amendment  moved  by  Mr.  Luce  was  then  adopted,  by  a 
vote  of  143  to  113. 

Mr.  White  of  North  Brookfield  then  moved  that  the  Com- 
mittee rise;  and  this  motion  was  adopted. 

Accordingly  the  Committee  rose. 


WEDNESDAY,  SEPTEMBER  19,  1917. 


251 


WEDNESDAY,  September  19,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  J.  Franklin  Knotts  of  Somerville, 
a  member  of  the  Convention. 

Discharge  of  the  Committee  of  the  Whole. 

Mr.  Walker  of  Brookline  moved  that  the  Committee  of  the  initiative  and 
Whole    be    discharged    from    the  .further    consideration    of    the  referendum' 
Resolution  to  provide  for  establishing  the  initiative  and  refer- 
endum (Doc.  No.  335),  and  that  it  be  placed  in  the  Orders  of 
the  Day  for  the  next  session. 

The  same  member  then  asked  for  a  count  of  the  Convention,  Quorum, 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  110 
members  were  present. 

Mr.  Brown  of  Brockton  moved  that  the  roll  of  the  Conven- 
tion be  called,  to  ascertain  if  a  quorum  was  present;  and  this 
motion  prevailed. 

The  roll  was  called;  and  227  members  answered  to  their  names, 
as  follows:  — 


Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
BosVorth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 


Messrs.  Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 


252 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flye,  Louis  Edwin 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 


Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 


WEDNESDAY,  SEPTEMBER  19,  1917. 


253 


Messrs.  Swig,  Louis 

Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 


Messrs.  Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Youngman,  William  S. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  Mr.  Dean  of  Fall  River  moved  that  the  motion  Mr.  Dean,  — 
of  Mr.  Walker  be  amended  by  striking  out  the  words  "placed  in  ame 
the  Orders  of  the  Day  for  the  next  session",  and  inserting  in 
place  thereof  the  words  "considered  immediately  after  the  dis- 
position of  the  matter  in  the  Orders  of  the  Day  for  to-day". 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Cambridge;  and  the  amendment 
moved  by  Mr.  Dean  was  rejected,  by  a  vote  of  122  to  139. 

On  the  main  question  the  sense  of  the  Convention  was  taken 
by  yeas  and  nays,  at  the  request  of  Mr.  Lomasney  of  Boston; 
and  on  the  roll  call  138  members  voted  in  the  affirmative  and 
142  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  George  W. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
BurreU,  Fred  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 


Messrs.  Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Bellinger,  Raymond  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 


254 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Langelier,  Louis  F.  R, 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
.     McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 


Messrs.  O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 


Messrs.  Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 


WEDNESDAY,  SEPTEMBER  19,  1917. 


255 


Messrs.  Dale,  George  H. 

Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
.  Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Mansfield,  John  J. 


Messrs.  Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


138  yeas;  142  nays. 

Therefore  the  motion  of  Mr.  Walker,  that  the  Committee  of 
the  Whole  be  discharged,  was  negatived. 


Mr.  Dennis  D.  Driscoll  of  Boston  moved  that  the  Committee  Necessities 
of  the  Whole  be  discharged  from  the  further  consideration  of  the 
Resolution  to  authorize  the  enactment  of  laws  governing  the 
acquirement,  sale  and  distribution  of  the  necessities  of  life  (Doc. 
No.  318),  and  that  it  be  placed  next  in  the  Orders  of  the  Day 
after  the  Resolution  to  provide  for  absentee  voting;  and  this 
motion  prevailed. 


256 


JOURNAL  OF  THE  CONVENTION, 


Adjournment 
over  state 
primary 
election  day. 


Manual  of  the 
Convention, 
—  additional 
copies. 


Adjournment  and  Hour  of  Meeting. 

On  motion  of  Mr.  Boucher  of  New  Bedford,  — 

V.oted,  That,  when  the  Convention  adjourns  on  Friday  next, 

it   adjourn   to   meet   on   Wednesday,    September   26,    at   eleven 

o'clock  A.M. 

Manual  of  the  Convention. 

The  following  order,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  considered:  — 

Ordered,  That  there  be  printed  one  thousand  additional  copies 
of  the  Manual  of  the  Constitutional  Convention,  five  hundred 
to  be  distributed  under  the  direction  of  the  Committee  on  Rules 
and  Procedure  and  five  hundred  to  be  offered  for  sale  at  cost. 

After  debate  the  order  was  adopted,  as  recommended  by  the 
committee  on  Rules  and  Procedure. 


Voting  by 
absent  soldiers 
and  sailors. 


Absentee 
voting. 

Mr.  Kenny,  — 
amendment. 


Mr.  Finn,  — 
amendment. 


Recess. 


Quorum. 


Communication  from  the  Governor. 

A  communication  from  the  Governor,  addressed  to  the  Presi- 
dent of  the  Convention,  recommending  that  the  Convention 
submit  to  the  people  an  amendment  of  the  Constitution  au- 
thorizing the  General  Court  to  pass  a  law  providing  for  the 
voting  of  soldiers  and  sailors  absent  in  the  national  or  state 
service,  —  was  read;  and  the  communication  was  placed  on  file. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  absentee  voting  (Doc.  No.  58) 
was  read  and  considered. 

After  debate  Mr.  Kenny  of  Boston  moved  that  the  resolution 
be  amended  by  inserting  after  the  word  "  commonwealth ",  in 
line  4,  the  words  "and  for  all  persons  who  have  taken  out  their 
first  naturalization  papers  in  time  of  war". 

After  further  debate  Mr.  Finn  of  Chelsea  moved  that  the 
resolution  be  amended  by  inserting  before  the  word  "elected", 
in  line  7,  the  words  "nominated  or". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

Mr.  Coolidge  of  Milton  doubted  the  presence  of  a  quorum, 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

Soon  afterwards  Mr.  Edwin  U.  Curtis  of  Boston  moved  that 
the  roll  of  the  Convention  be  called,  to  ascertain  if  a  quorum 
was  present;  and  this  motion  prevailed. 

The  roll  was  called;  and  226  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Anderson,  George  W. 


WEDNESDAY,  SEPTEMBER  19,  1917. 


257 


Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouv<§,  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 


Messrs.  Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kefther,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 


258 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Leonard,  Joseph  J. 

Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mancovitz,  David 
Mansfield,  John  J. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parkman,  Henry 
Peirce,  Albion  G. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 


Messrs.  Ross,  Samuel 

Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Swig,  Louis 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underhill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  the  amendments  moved  by  Messrs.  Kenny  and 
Finn  were  severally  rejected;  and  the  resolution  was  ordered  to 
a  second  reading. 

Mr.  Sawyer  of  Ware  moved  that  the  rule  be  suspended,  so 
that  the  resolution  might  take  a  second  reading  forthwith;  and 
this  motion,  after  debate,  was  negatived. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  318)  was  read  and  considered. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  resolution  be 
amended  by  striking  out  the  article  of  amendment,  and  inserting 
in  place  thereof  the  following :  - 

Mr.  Pillsbury,         "  The  legislature,  when  and  so  far  as  in  its  judgment  a  public 

3nt>   exigency  exists  therefor,  may  provide  for  the  purchase  or  taking 

by  the  commonwealth  of  foods  or  foodstuffs,  fuel,  or  ice,  for  sale 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


WEDNESDAY,  SEPTEMBER  19,  1917.  259 

to  its  inhabitants  or  to  any  county,  city  or  town  and  resale  by 
such  county,  city  or  town  to  its  inhabitants." 

Mr.  Adams  of  Quincy  moved  that  the  resolution  be  amended 

i  i  -i  •  i  i       i  <»        i  i  i 

by  adding  at  the  end  thereof  the  words  And  the  general 
court  may  further  authorize  the  commonwealth,  acting  either 
in  its  corporate  capacity,  or  through  the  agency  of  such  mu- 
nicipal or  other  corporations  as  it  may  select  or  create  for  the 
purpose,  to  organize,  conduct  or  administer  such  agricultural, 
commercial,  industrial  or  trading  undertakings  or  enterprises, 
as  the  general  court  shall  declare  to  be  conducive  to  the  public 
welfare." 

After  debate  Mr.  Balch  of  Boston  moved  that  the  article  of 
amendment  be  amended  as  follows:  — 

By  inserting  at  the  beginning  thereof  the  words  "In  time  of 
war  or  general  distress";  and 

By  adding  at  the  end  thereof  the  words  "Such  authorizations 
shall  be  for  not  more  than  two  years  at  a  time  but  may  be 
repeated  from  time  to  time  so  long  as  the  war  or  time  of  gen- 
eral distress  shall  last.  The  general  court  shall  be  sole  judge  of 
the  existence  of  the  conditions  justifying  such  authorizations. 
Nothing  in  this  article  contained  shall  be  construed  as  permit- 
ting any  taking  of  property  without  reasonable  compensation 
therefor." 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended  Mr- 

.         .  '-IP  !'«•»»•!•          A     ±t  i  t(         i »     amendments. 

by  inserting  before  the  word  ice  ,  in  line  4,  the  word  and  ; 
by  striking  out,  in  lines  4  and  5,  the  words  "and  other  neces- 
saries of  life";  by  inserting  before  the  word  "slaughter",  in 
line  13,  the  word  "and";  and  by  striking  out,  in  lines  13,  14  and 
15,  the  words  "and  other  like  means  for  producing,  selling  and 
distributing  the  necessaries  of  life". 

Mr.  Bigney  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  14,  the  word  "like";  and  by  inserting 
after  the  word  "means",  in  the  same  line,  the  words  "incidental 
thereto". 

Mr.  Washburn  of  Middleborough  then  moved  that  the  Con-  Adjournment, 
vention  adjourn;    and  this  motion  prevailed. 

Accordingly,  at  eight  minutes  after  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


280 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  September  20,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Committees 
on  Rules  and 
Procedure 
and  Form  and 
Phraseology, 


filled. 


Quorum. 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Mr.  George, 
—  amendment. 


Mr.  Brackett, 
—  amendment. 


Recess. 


Quorum. 


Limit  of 
debate. 


Filling  of  Vacancies  in  Committees. 

The  President  announced  the  appointment  of  Mr.  George  of 
Haverhill  to  fill  the  vacancy  in  the  membership  of  the  committee 
on  Rules  and  Procedure  caused  by  the  death  of  Mr.  Malone  of 
Greenfield;  and  the  appointment  of  Mr.  Hobbs  of  Worcester  to 
fill  the  vacancy  in  the  membership  of  the  committee  on  Form 
and  Phraseology  caused  by  the  resignation  of  Mr.  Ellis  of 
Springfield,  which  had  been  handed  to  the  President  under  date 
of  August  22. 

Quorum. 

Mr.  Clapp  of  Lexington  asked  for  a  count  of  the  Convention  to 
ascertain  if  a  quorum  was  present.  A  count  showed  that  120 
members  were  present. 

Orders  of  the  Day. 

On  the  appearance  of  a  quorum  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  318),  being  the  unfinished  business  of  the  last  session, 
was  considered  further,  the  main  question  being  on  ordering  it  to 
a  second  reading. 

Mr.  George  of  Haverhill  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  "Nothing  herein  con- 
tained shall  be  construed  as  authorizing  or  permitting  the  com- 
monwealth or  any  political  division  thereof  to  deal  in  spirituous 
and  intoxicating  liquors." 

After  debate  Mr.  Brackett  of  Arlington  (Mr.  Hall  of  Taunton 
being  in  the  chair)  moved  that  the  resolution  be  amended  by 
inserting  after  the  word  "ice",  in  line  9,  the  words  "  :  provided, 
that  a  just  and  reasonable  compensation  for  all  property  so 
taken  shall  be  paid  to  the  owners  thereof". 

After  further  debate  (the  President  having  resumed  the  chair) 
Mr.  Washburn  of  Worcester  moved  that  the  Convention  take  a 
recess;  and  this  motion  prevailed.  Accordingly,  at  three  minutes 
before  one  o'clock,  recess  was  taken  until  two  o'clock;  at  which 
hour  the  Convention  reassembled. 

Mr.  Clark  of  Brockton  doubted  the  presence  of  a  quorum, 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

After  debate  Mr.  Creamer  of  Lynn  moved  that,  unless  a  vote 
be  sooner  reached,  debate  on  the  pending  resolution  be  closed 


THURSDAY,  SEPTEMBER  20,   1917. 


261 


to-morrow  at  eleven  o'clock  A.M.     On  this  question  91  members 
voted  in  the  affirmative  and  100  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;  and  on  the 
roll  call  100  members  voted  in  the  affirmative  and  138  in  the 
negative,  as  follows:  — 

YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Ballantyne,  John 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Carr,  Edward 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Bellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 


Messrs.Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  George  W. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 


Messrs.  Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connellf  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 

NAYS. 

Messrs.  Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 


262 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick.  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Willfam  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 


Messrs.  Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Merriam,  John  M. 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


100  yeas;  138  nays. 


Therefore  the  motion  to  close  debate  to-morrow  was  negatived. 


THURSDAY,  SEPTEMBER  20,  1917.  263 

Mr.  Edwin  U.   Curtis  of  Boston  then  moved  that,  unless  a  Limit  of 
vote   be   sooner   reached,    debate    be    closed    at   half-past   three  debate- 
o'clock  P.M.,  Wednesday,  September  26;    and  after  debate  this 
motion  prevailed. 

After  further  debate  Mr.  Anderson  of  Brookline  moved  that  Mr.  Anderson, 
the  resolution  be  amended  by  striking  out  the  article  of  amend-  ~~ amendment- 
ment,  and  inserting  in  place  thereof  the  following:  — 

"The  commonwealth  may  by  statute  duly  enacted  authorize 
the  taking  by  purchase  or  otherwise  of  foodstuffs,  feeds,  fuel, 
ice  and  other  necessaries  of  life,  paying  reasonable  compensation 
therefor,  and  the  sale  of  the  same  to  the  inhabitants  thereof  or 
to  any  county,  city,  town  or  other  municipal  corporation  therein; 
and  may  also  authorize  municipalities  to  buy  and  to  sell  to  their 
inhabitants  such  necessaries  of  life,  and  to  harvest  and  manu- 
facture ice.  The  commonwealth  may  also  by  statute  duly  en- 
acted authorize  the  establishment,  maintenance  and  operation 
by  the  commonwealth,  cities  and  towns,  of  markets,  docks,  fuel 
and  coal  yards,  elevators,  warehouses,  canneries,  slaughter  houses 
and  other  like  means  for  producing,  selling  and  distributing  the 
necessaries  of  life." 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  resolution  be  Mr.  Curtis,  — 
amended  by  striking  out  the  article  of  amendment,  and  inserting  amendments. 
in  place  thereof  the  following :  — 

"The  general  court,  when  and  so  far  as  in  its  judgment  a 
public  exigency  exists  therefor  and  while  it  continues,  may  au- 
thorize the  commonwealth  to  provide  temporary  shelter  and  to 
take  by  eminent  domain  or  purchase  foodstuffs,  fuel  and  ice,  and 
feed  for  animals,  and  to  sell  the  same  to  the  inhabitants  thereof 
or  to  any  county,  city,  town  or  other  municipal  corporation 
therein,  which  may  resell  the  same  to  their  inhabitants ;  and  in 
connection  therewith  may  authorize  the  establishment,  main- 
tenance and  operation  by  the  commonwealth,  cities  and  towns 
of  markets,  docks,  fuel  and  coal  yards,  elevators,  warehouses, 
canneries  and  slaughter  houses.  When  the  general  court  is  not 
in  session,  the  governor,  with  the  approval  of  the  council,  may 
exercise  the  authority  vested  in  the  general  court  by  this  section, 
until  the  general  court  reconvenes." 

Mr.  Clapp  of  Lexington  then  moved  that  the  Convention  Adjournment, 
adjourn;  and  this  motion  prevailed. 

Accordingly,  at  five  minutes  after  four  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


264 


JOURNAL  OF  THE  CONVENTION, 


Absentee 
voting. 


Quorum. 


Necessities 
of  life,  — 
acquirement, 


distribution. 


Limit  of 
debate. 


Mr.  Williams, 
—  amendments. 


Mr.  Quincy, 
—  amendment. 


FRIDAY,  September  21,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Martin  D.  Kneeland,  D.D.,  of 
Winchester,  Secretary  of  the  Lord's  Day  League  of  New  England. 

Discharged  from  the  Orders  of  the  Day. 

Mr.  Buttrick  of  Lancaster  moved  that  the  Resolution  to  pro- 
vide for  absentee  voting  (Doc.  No.  58)  be  discharged  from  the 
Orders  of  the  Day,  under  Rule  39. 

Mr.  Williams  of  Brookline  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  motion  of  Mr.  Buttrick 
was  adopted,  by  a  vote  of  158  to  0. 

The  resolution  was  then  read  a  second  time,  and  it  was  ordered 
to  a  third  reading. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  318),  being  the  unfinished  business  of  the  last  session, 
was  considered  further,  the  main  question  being  on  ordering  it 
to  a  second  reading. 

After  debate  Mr.  Luce  of  Waltham  (Mr.  Bennett  of  Saugus 
being  in  the  chair)  moved  that  speeches  be  limited  to  twenty 
minutes  each;  and  this  motion  prevailed. 

After  further  debate  Mr.  Williams  of  Brookline  (the  President 
having  resumed  the  chair)  moved  that  the  amendment  previously 
moved  by  Mr.  Pillsbury  of  Wellesley  be  amended  as  follows:  — 

By  striking  out  the  word  "  legislature ",  and  inserting  in  place 
thereof  the  words  "  general  court";  and 

By  adding  at  the  end  thereof  the  words  "If  a  public  exigency 
arises  when  the  general  court  is  not  in  session,  the  governor,  with  the 
approval  of  the  council,  may  exercise  the  authority  vested  in  the 
general  court  by  this  section,  until  the  general  court  reconvenes." 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  "Until  otherwise  pro- 
vided by  legislation,  the  governor,  with  the  approval  of  the 
council,  may  take  possession  of,  use  and  employ  any  commodity 
included  within  the  terms  of  this  article  in  the  same  manner  as 
authorized  by  existing  law  to  take  possession  of,  use  and  employ 
fuel,  and  subject  to  all  provisions  of  existing  law  relating  to  the 
exercise  of  such  authority,  and  may  further  enter  into  any  con- 
tracts in  the  name  of  the  commonwealth  to  secure  the  production, 
sale,  transportation  and  delivery  of  any  such  commodity,  whether 


FRIDAY,  SEPTEMBER  21,  1917.  265 

within  or  without  the  commonwealth,  and  may  further  sell  and 
deliver  any  such  commodity  to  any  municipal  corporation  or 
county  within  the  commonwealth;  and,  with  the  approval  of 
the  governor  and  council,  any  municipal  corporation  may  enter 
into  a  like  contract,  and  may  sell  and  distribute  any  such  com- 
modity to  its  inhabitants  in  such  manner  as  may  be  authorized 
by  the  governor  and  council." 

Without  action  on  the  amendments,  — 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  the  Convention  adjourned,  to  meet  on  Wednes- 
day next  at  eleven  o'clock  A.M. 


266 


JOURNAL  OF  THE  CONVENTION, 


Reports  of 
committees,  — 
extension  of 
time. 


WEDNESDAY,  September  26,  1917. 
Met  according  to  adjournment,  at  eleven  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Arcturus  Z.  Conrad,  D.D.,  of 
Boston. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Hart  of  Cambridge,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday, 
October  2,  in  which  to  report  on  matters  before  them. 


Submission  of 
amendments 
at  the  1917 
state  election. 


Submission  of  Amendments  to  the  People. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  order  providing  that,  in  the 
event  of  the  deliberations  of  the  Convention  not  having  been 
concluded  on  or  before  the  date  wherein  the  ballot  for  the  state 
election  for  the  year  1917  must  be  prepared  for  printing,  said 
committee  consider  the  expediency  of  the  Convention  submitting 
to  the  people  at  the  coming  state  election  such  alterations  or 
amendments  of  the  Constitution  as  shall  be  duly  authorized  and 
engrossed,  —  reported  recommending  that  the  same  be  adopted 
in  a  new  draft,  as  follows :  — 

Ordered,  That  only  resolutions  that  have  been  passed  for  sub- 
mission to  the  people  on  or  before  October  first  next  be  sub- 
mitted to  the  voters  at  the  coming  state  election. 

[Messrs.  Whipple  of  Brookline,  Walsh  of  Fitchburg,  Walker  of 
Brookline,  Boynton  of  Everett  and  Quincy  of  Boston  dissent  and 
recommend  an  amendment  striking  out  the  words  "October 
first",  and  inserting  in  place  thereof  the  words  "October  eight- 
eenth".] 

The  report  was  read;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 


Submission  of 
amendments, 
—  absentee 
voting. 


Absentee  Voting  on  Amendments  to  be  Submitted. 

On  motion  of  Mr.  Walsh  of  Fitchburg,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  re- 
quested to  report  to  the  Convention  as  soon  as  possible,  first, 
whether  it  is  within  the  power  of  the  Convention  to  provide  for 
receiving  the  votes,  upon  any  amendments  to  the  Constitution 
which  may  be  submitted  to  the  people  at  the  next  state  election, 
of  any  registered  voters  who  are  absent  upon  election  day  from 
cities  or  towns  in  which  they  reside  on  account  of  being  in  the 
military  or  naval  service  of  the  United  States;  and,  second,  to 


WEDNESDAY,  SEPTEMBER  26,  1917.  267 

ascertain  and  report,  if  possible,  how  many  registered  voters  of 
the  Commonwealth  are  in  military  service  at  the  cantonment  at 
Ayer,  or  in  other  camps  in  New  England,  and  as  to  the  feasibility 
and  best  method  of  arranging  to  receive  at  said  cantonment  and 
camps  the  votes  of  all  such  registered  voters  upon  any  such  pro- 
posed amendments. 

Information  for  Voters  on  Amendments  to  be  Submitted. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,  That,  in  order  to  enable  the  Convention  to  provide  Submission  of 
for  mailing  seasonably  to  the  voters  of  the  Commonwealth,  if  ^^oSftn 
it  should  decide  to  do  so,  copies  of  any  proposed  amendments  to  for  voters. 
the  Constitution  which  the  Convention  may  vote  to  submit  to 
the  people  at  the  coming  state  election,  or  information  in  rela- 
tion thereto,  the  Secretary  of  the  Convention  be  instructed  to 
procure  as  soon  as  possible,  either  directly  or  through  the  Sec- 
retary of  the  Commonwealth,  the  latest  printed  lists  of  regis- 
tered voters  in  all  of  the  cities  and  towns  of  the  Commonwealth, 
and  also  to  report  to  the  Convention  the  shortest  period  within 
which  it  would  be  possible  to  secure  the  printing  of  650,000 
copies    of   a    document    containing    about   twenty-five   hundred 
words  and  the  mailing  of  the  same  to  all  registered  voters,  to- 
gether with  an  estimate  of  the  probable  cost  of  such  printing 
and  mailing. 

Discharged  from  the  Orders  of  the  Day. 

On  motion  of  Mr.  Buttrick  of  Lancaster  the  Resolution  to  pro-  Absentee 
vide  for  absentee  voting  (Doc.  No.  58)  was  discharged  from  the  votm£- 
Orders  of  the  Day,  under  Rule  39.    It  was  read  a  third  time. 

Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and  Phrase-  Committee  on 
ology,  reported  recommending  that  the  resolution  be  amended  by  pSieoiogy,— 
substituting  for  the  article  of  amendment  the  following  (see  Doc.  amendment! 
No.  356):  — 

"The  general  court  shall  have  power  to  provide  by  law  for 
voting  by  qualified  voters  of  the  commonwealth  who,  at  the 
time  of  an  election,  are  absent  from  the  city  or  town  of  which 
they  are  inhabitants  in  the  choice  of  any  officer  to  be  elected  or 
upon  any  question  to  be  voted  on  at  such  election." 

Mr.  Pillsbury   of   Wellesley   moved   that   this   amendment   be  Mr.  Piiisbury, 

amended    as    follows:—  -amendments. 

By  striking  out,  in  the  last  line,  the  words  "to  be  voted  on", 
and  inserting  in  place  thereof  the  word  "submitted";  and 

By  striking  out,  in  the  first  line,  the  words  "general  court", 
and  inserting  in  place  thereof  the  word  "legislature". 

After  debate  the  first  amendment  moved  by  Mr.  Pillsbury  was 
adopted;  and  the  second  amendment  was  rejected. 

The  amendment  recommended  by  the  committee  on  Form  and 
Phraseology,  as  amended,  was  then  adopted. 

The  resolution,  as  thus  amended  (Doc.  No.  357),  was  then 
passed  to  be  engrossed. 


268 


JOURNAL  OF  THE  CONVENTION, 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Mr.  Anderson, 
—amendment. 


Mr.  Pillsbury, 
— amendment. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  318),  being  the  unfinished  business  of  the  last  session, 
was  considered  further,  the  main  question  being  on  ordering  it 
to  a  second  reading. 

Mr.  Anderson  of  Brookline  (Mr.  Willett  of  Norwood  being  in 
the  chair)  withdrew  the  amendment  previously  moved  by  him, 
there  being  no  objection. 

The  same  member  then  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"Provision  may  be  made  by  law  to  authorize  the  taking 
by  purchase  or  otherwise  by  the  commonwealth  of  foodstuffs, 
feeds,  fuel,  ice  and  other  necessaries  of  life,  paying  reasonable 
compensation  therefor,  and  the  sale  of  the  same  to  the  in- 
habitants thereof  and  to  any  county,  city,  town  or  other  mu- 
nicipal corporation  therein;  the  governor,  with  the  approval  of 
the  council,  if  he  deems  that  a  public  exigency  exists,  may, 
until  otherwise  provided  by  law,  exercise  the  powers  hereby 
granted.  Provision  may  be  made  by  law  to  authorize  munici- 
palities to  buy  and  to  sell  to  their  inhabitants  the  necessaries  of 
life  and  to  harvest  and  to  manufacture  ice;  and  to  provide  for 
the  establishment,  maintenance  and  operation  by  the  common- 
wealth and  by  cities  and  towns  of  markets,  docks,  fuel  and  coal 
yards,  elevators,  warehouses,  canneries,  slaughter  houses,  cold 
storage  plants  and  other  like  means  for  collecting  and  converting, 
selling  and  distributing  the  necessaries  of  life.  The  use  of  uni- 
form methods  of  accounting  throughout  the  commonwealth  shall 
be  provided  for  by  law  for  any  undertakings  under  the  authority 
of  this  article." 

Mr.  Pillsbury  of  Wellesley  withdrew  the  amendment  previously 
moved  by  him,  there  being  no  objection. 

The  same  member  then  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"The  legislature,  when  and  so  far  as  in  its  judgment  a  public 
exigency  exists  therefor,  may  provide  for  the  purchase  or  taking 
by  the  commonwealth,  paying  reasonable  compensation  therefor, 
of  foods  or  foodstuffs,  feeds,  fuel  or  ice,  for  sale  to  its  inhabitants 
or  to  any  county,  city  or  town  and  resale  by  such  county,  city 
or  town  to  its  inhabitants,  and  in  connection  therewith  may 
provide  for  the  purchase  or  taking  by  the  commonwealth,  paying 
reasonable  compensation  therefor,  of  the  right  to  occupy  and  use 
any  building  or  structure  with  the  machinery  or  fixtures  appur- 
tenant thereto,  or  any  other  premises,  so  far  and  so  long  as  may 
be  necessary  to  such  purposes.  If  in  the  judgment  of  the 
governor  such  public  exigency  arises  when  the  legislature  is  not 
in  session,  the  governor,  with  the  approval  of  the  council,  may 


WEDNESDAY,  SEPTEMBER  26,   1917.  269 

exercise  the  authority  vested  in  the  legislature  by  this  section 
until  the  legislature  reconvenes." 

The  same  member  moved  that  the  amendment  previously  Mr.  pnisbury, 
moved  by  Mr.  Edwin  U.  Curtis  of  Boston  be  amended  by  strik-  ~~ame 
ing  out  the  words  "may  authorize  the  establishment,  mainte- 
nance and  operation  by  the  commonwealth,  cities  and  towns  of 
markets,  docks,  fuel  and  coal  yards,  elevators,  warehouses, 
canneries  and  slaughter  houses ",  and  inserting  in  place  thereof 
the  words  "may  authorize  the  commonwealth  to  purchase  or 
take,  paying  reasonable  compensation  therefor,  the  right  to  oc- 
cupy and  use  any  building  or  structure  with  the  machinery  or 
fixtures  appurtenant  thereto,  or  any  other  premises,  so  far  and 
so  long  as  may  be  necessary  to  such  purposes". 

On  motion  of  Mr.  Walsh  of  Fitchburg  the  foregoing  amendments 
were  ordered  printed  as  a  supplement  to  the  Calendar  for  to-day. 

At  two  minutes  before  one  o'clock,  on  motion  of  Mr.  Adams  of  Recess. 
Quincy  (the  President  having  resumed  the  chair),  recess  was  taken 
until  two  o'clock;   at  which  hour  the  Convention  reassembled. 

The  Secretary  announced  the  temporary  absence  of  the  Presi- 
dent, and  stated  that  Mr.  Washburn  of  Worcester  had  been  ap- 
pointed to  perform  the  duties  of  the  Chair. 

Mr.  Dutch  of  Winchester  doubted  the  presence  of  a  quorum.  Quorum. 
The  Chair  requested  the  Sergeant-at-Arms  to  secure  the  attend- 
ance of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.  Quincy  of  Boston  moved 
that,  upon  the  expiration  of  the  time  allotted  for  debate,  the 
committee  on  Public  Affairs  be  granted  fifteen  minutes.  After 
debate  this  motion  was  adopted,  by  a  vote  of  112  to  54. 

After  further  debate  (the  President  having  taken  the  chair)  the 
amendments  previously  moved  by  Messrs.  Clapp  of  Lexington, 
Bigney  of  Boston,  Quincy  of  Boston,  Balch  of  Boston  and  George 
of  Haverhill,  the  second  amendment  previously  moved  by  Mr. 
Williams  of  Brookline,  and  the  amendment  previously  moved  by 
Mr.  Adams  of  Quincy  were  severally  withdrawn  by  those  mem- 
bers, there  being  no  objection. 

The  amendment  previously  moved  by  Mr.  Brackett  of  Arling- 
ton was  rejected,  by  a  vote  of  48  to  169. 

The  amendment  previously  moved  by  Mr.  Williams  of  Brook- 
line  was  also  rejected. 

The  foregoing  amendment  moved  by  Mr.  Pillsbury  of  Welles- 
ley  was  rejected,  by  a  vote  of  96  to  157. 

On  motion  of  Mr.  Clapp  of  Lexington  the  following  amend-  Mr.  Curtis, 
ment,  previously  moved  by  Mr.  Edwin  U.  Curtis  of  Boston,  was 
next  considered:  — 

Striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"The  general  court,  when  and  so  far  as  in  its  judgment  a 
public  exigency  exists  therefor  and  while  it  continues,  may  au- 
thorize the  commonwealth  to  provide  temporary  shelter  and  to 
take  by  eminent  domain  or  purchase  foodstuffs,  fuel  and  ice,  and 
feed  for  animals,  and  to  sell  the  same  to  the  inhabitants  thereof 
or  to  any  county,  city,  town  or  other  municipal  corporation 


270 


JOURNAL  OF  THE  CONVENTION, 


therein,  which  may  resell  the  same  to  their  inhabitants;  and  in 
connection  therewith  may  authorize  the  establishment,  mainte- 
nance and  operation  by  the  commonwealth,  cities  and  towns  of 
markets,  docks,  fuel  and  coal  yards,  elevators,  warehouses, 
canneries  and  slaughter  houses.  When  the  general  court  is  not  in 
session,  the  governor,  with  the  approval  of  the  council,  may 
exercise  the  authority  vested  in  the  general  court  by  this  section, 
until  the  general  court  reconvenes." 

The  amendment  of  this  amendment,  moved  by  Mr.  Pillsbury 
of  Wellesley,  was  rejected. 

On  the  amendment  of  Mr.  Curtis  118  members  voted  in  the 
affirmative  and  143  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Coolidge  of  Milton;  and  on  the  roll  call  122 
members  voted  in  the  affirmative  and  156  in  the  negative,  as 
follows :  — 

YEAS. 

Messrs.  Delano,  Robert  T. 

Dellinger,  Raymond  P. 
Doe,  Orestes  T. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyer,  Elmer  E. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 


Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 


WEDNESDAY,  SEPTEMBER  26,  1917. 


271 


Messrs.  Parkman,  Henry 

Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Rutherford  E., 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bouve*,  Walter  L. 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Coogan,  Clement  F. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 


Messrs.  Thompson,  John  L. 
Tilton,  Rufus  H. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Fisher,  Edward 
Flaherty,  William 
Flye,  Louis  Edwin 
.  Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Luce,  Robert 
Maguire,  James  E. 


272 


JOUENAL  OF  THE  CONVENTION, 


Messrs.  Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 


Messrs.  Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Turner,  Joseph 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whipple,  Sherman  L. 
Whitehead,  James 
Willett,  George  Franklin 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


122  yeas;  156  nays. 


Therefore  the  amendment  previously  moved  by  Mr.  Curtis 
was  rejected. 

The  foregoing  amendment  moved  by  Mr.  Anderson  of  Brook- 
line  was  then  adopted;  and  the  resolution,  as  thus  amended 
(Doc.  No.  358),  was  ordered  to  a  second  reading. 


. 


At  twenty-five  minutes  after  four  o'clock,  on  motion  of  Mr. 
Youngman  of  Boston,  the  Convention  adjourned,  to  meet  to- 
morrow at  half-past  ten  o'clock  A.M. 


THURSDAY,  SEPTEMBER  27,  1917.  273 


THURSDAY,  September  27,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Horace  Blake  Williams  of  Lynn. 

Leave  of  Absence. 

On  motion  of  Mr.  Coolidge  of  Milton,  — 

Ordered,  That  Mr.  Hale  of  Boston  be  granted  leave  of  absence,  Matthew  Hale, 
under  Rule  13,  for  the  week  beginning  Tuesday,  October  2,  on 
account  of  business  and  professional  engagements. 

Engrossed  Resolution. 

The    engrossed    Resolution    to    provide    for    absentee    voting  Absentee 
(see  Doc.   No.  357)   was  laid  before  the  Convention;    and  the  voting- 
President  stated  that  it  would  be  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Proposed  Adjournment  from  October  26  to  June  11. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Avery  of  Holyoke,  was  postponed  until  the  next  session,  at  the 
request  of  Mr.  Washburn  of  Middleborough:  — 

Ordered,   That  the   Convention  continue  in  session  until  the  Adjourn- 
fourth  Friday  of  October  next,  and  that  it  then  adjourn  until  october°26 
the  second  Tuesday  of  June  in  the  year  1918.  to  June  n. 

Manner  of  Submitting  Amendments. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Washburn  of  Middleborough,  was  postponed  until  the  next 
session,  at  the  request  of  Mr.  Buttrick  of  Lancaster:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  and  the  Manner  of 
committee  on  Amendment  and  Codification  of  the  Constitution,  l^dmefts 
sitting  jointly,    be   requested   to   report   an   order   directing   the  to  the  people, 
manner  in  which  the  several  proposals  to  amend  the  Constitution, 
duly  passed  by  this  Convention,  shall  be  submitted  to  the  people 
for  their  ratification  and  adoption  at  the  regular  state  election  to 
be  held  on  November  6  next. 

Procedure  in  Committee  of  the  Whole. 

Mr.  Walker  of  Brookline  moved  that  the  following  program  Mr.  Walker, 
for   debating   and    voting   upon   the   Resolution    to   provide  for  ^aSn^TnS* 
establishing    the    initiative    and    referendum    (Doc.    No.    335),  voting  on  the 
having  been  agreed    upon  by  a  majority    and    minority  of  the  referendum? 
committee  on  the  Initiative  and  Referendum,  be  approved  by 
the  Convention:  — 


274 


JOURNAL  OF  THE  CONVENTION, 


1.  On  Thursday,  October  4,  at  3.30  P.M.,  the  Committee  of  the 
Whole  shall,  without  opposition  from  either  side,  [A]  report  the 
resolution  to  the  Convention  as  it  stands  amended  at  that  time. 

2.  The  resolution  shall,  without  amendment  or  opposition,  take 
its  second  reading  at  or  before  11  A.M.  on  Friday,  October  5. 

3.  All  amendments  shall  be  proposed  on  Friday,  October  5,  and 
ordered  to  be  printed. 

4.  Debate  upon  ordering  the  resolution  to  a  third  reading  shall 
end  at  1  P.M.  on  Tuesday,  October  9,  and  after  the  recess  voting 
upon  amendments  shall  begin.     In  case  the  voting  upon  amend- 
ments is  not  completed  Tuesday  it  shall  continue  Wednesday, 
October   10,   until   the  voting   upon   amendments  is   completed. 
The  vote  upon  ordering  the  resolution  to   a  third  reading,   as 
amended,  shall  be  taken  on  Thursday,  October  11,  when  reached. 

5.  If  the  resolution  is   ordered  to   a  third  reading  the  com- 
mittee on  Form  and  Phraseology  shall  be  given  until  Tuesday, 
October  16,  and  shall  report  in  print  at  10.30  A.M.  on  that  day. 

6.  On  Thursday,   October   11,   while  the  resolution  is  in  the 
hands  of  the  committee  on  Form  and  Phraseology,  a  vote  shall  be 
taken,  at  or  before  3  P.M.,  upon  a  motion  to  place  the  resolution 
upon  the  ballot  at  the  election  to  be  held  November  6,  1917,  if 
the  resolution  is  finally  passed  to  be  submitted  to  the  people. 

7.  Upon  the  question  of  passing  the  resolution  to  be  engrossed 
debate  shall  end  at  12  o'clock  on  Tuesday,  October  16,  and  a  vote 
taken. 

8.  If  the  resolution  is   passed  to  be  engrossed,  then,  on  the 
question  of  submitting  the  resolution  to  the  people,  debate  shall 
end  at  11.30  A.M.  Wednesday,  October  17,  and  a  vote  taken. 

This  program  shall  be  carried  out  if  possible;  but  if  any  change 
is  made  by  agreement  or  otherwise,  arrangements  shall  be  made 
so  that,  in  any  event,  the  final  vote  upon  submission  to  the 
people  shall  be  taken  not  later  than  Thursday,  October  18. 
Point  of  order.  Mr.  Washburn  of  Worcester  raised  the  point  of  order  that  the 
motion  of  Mr.  Walker  could  not  properly  be  entertained,  as  it 
was  in  conflict  with  Rule  28  of  the  Convention.  [No  ruling. 
See  similar  point  of  order  on  the  next  page.] 

Pending  the  decision  of  the  President  on  the  point  of  order 
Mr.  Sawyer  of  Ware  moved  that  the  motion  of  Mr.  Walker  be 
amended  by  the  substitution  of  the  following:  — 

"That,  on  Friday,  September  28,  at  12.50  o'clock  P.M.,  the 
Committee  of  the  Whole  be  discharged  from  further  considera- 
tion of  the  Resolution  to  provide  for  establishing  the  initiative 
and  referendum  (Doc.  No.  335),  and  that  the  same  be  placed 
first  in  the  Orders  of  the  Day  for  Tuesday,  October  2;  that  the 
order  of  procedure  in  debate  and  voting  shall  be  the  same  as  at 
present  ordered  in  Committee  of  the  Whole,  viz.:  that  the 
mover  of  any  amendment  be  allowed  ten  minutes,  with  twenty 
minutes  for  general  debate,  and  five  minutes  each  be  allowed  to 
a  member  of  the  minority  and  a  member  of  the  majority  of  the 
committee  on  Initiative  and  Referendum;  and  that  no  amendment 
not  in  the  hands  of  the  Secretary  on  Friday,  September  28,  shall 
be  considered,  except  by  a  two-thirds  vote  of  the  Convention." 


Committee  of 
the  Whole,  — 
discharge. 


THURSDAY,  SEPTEMBER  27,  1917. 


275 


Mr.  Cox  of  Boston  moved  that  the  pending  motions  be  re-Mr.  Cox,  — 
f erred  to  the  committee  on  Rules  and  Procedure;  and  this  motion,  committal- 
after  debate,  was  negatived. 

Mr.  Underbill  of  Somerville  moved  that   the  motion  of   Mr.  Mr.  Under- 
Walker  be  referred  to  the  committee  on  Initiative  and  Refer-  Committal, 
endum,  with  instructions  to  report  at  the  opening  of  the  session 
to-morrow.     After  debate  this  motion  was  negatived,  by  a  vote 
of  130  to  142. 

Mr.    Saunders    of    Clinton    moved    that    the    motion    of    Mr.  Mr.  Saunders, 
Walker  be  amended  by  inserting  before  the  word  "report",  at  — amendment- 
"A",  the  words  "vote  upon  the  question  to". 

Mr.  Lummus  of  Lynn  moved  that  the  pending  motions  be  Mr.  Lummus, 
referred  to  the  committee  on  Initiative  and  Referendum,  with  ~" committal- 
instructions  to  report  at  two  o'clock  P.M.  to-day. 

Mr.  Lomasney  of  Boston  raised  the  point  of  order  that  this  Point  of  order, 
motion  was  not  in  order,  being  substantially  the  same  as  a  motion 
already  defeated.     The  President  declared  the  point  of  order  well 
taken. 

Mr.  Pillsbury  of  Wellesley  raised  the  point  of  order  that  the  Point  of  order, 
motion  of  Mr.   Walker  could  not  properly  be  considered,   being 
in  conflict  with  various  rules  of  the  Convention.     The  President 
declared  the  point  of  order  well  taken; 

Mr.  Sawyer  of  Ware  then  renewed,  as  an  original  motion,  the  Committee  of 
motion  previously  made  by  him  as  an  amendment  of  the  motion  ^charge5' ~~ 
of  M.\  Walker. 

At  thirteen  minutes   after  twelve  o'clock  Mr.   Richardson  of  Recess- 
Newton   moved   that   the   Convention   take   a   recess   until   two 
o'clock. 

After  debate,  the  previous  question  having  been  ordered,  on 
motion  of  Mr.  Hall  of  North  Adams,  the  question  was  put  on 
the  motion  of  Mr.  Richardson,  and  182  members  voted  in  the 
affirmative  and  64  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Lomasney  of  Boston;  and  on  the  roll  call 
170  members  voted  in  the  affirmative  and  95  in  the  negative,  as 
follows:  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bergengren,  Roy  F. 


Messrs.  Besse,  Harold  A. 

Bicknell,  WaUace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv<§,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 


276 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Chase,  Mial  W. 

Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Donovan,  James  A. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 


Messrs.  Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lynch,  John  C. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Myron,  John  F. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Shea,  John  T. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 


THURSDAY,  SEPTEMBER  27,  1917. 


277 


Messrs.  Whittier,  Eugene  P. 

Williams,  Fred  Homer 
Wing,  Herbert 


Messrs.  Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 

NAYS. 


Messrs.  Aylward,  James  F. 
Barrett,  James  T. 
Begley,  John  S. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Foss,  George  H. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Johnson,  Charles  R. 

170  yeas; 


Messrs.  Kelley,  Thomas  R. 

Lomasney,  Martin  M. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Webster,  George  P. 
Whitehead,  James 
Wonson,  Carlton  W. 

95  nays. 


Therefore  the  motion  of  Mr.  Richardson  of  Newton  prevailed. 

Accordingly,  at  four  minutes  before  one  o'clock,  the  President 
declared  a  recess  until  two  o'clock;  at  which  hour  the  Conven- 
tion reassembled. 

Mr.  Buttrick  of  Lancaster  doubted  the  presence  of  a  quorum;  Quorum. 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 


278 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Cummings,      On  the  appearance  of  a  quorum  Mr.  Cummings  of  Fall  River 
motion!1*11         moved  that  the  motion  of  Mr.  Sawyer  be  amended  by  the  sub- 
stitution of  the  following:  — 

"That  the  Committee  of  the  Whole  be  directed  to  report 
forthwith  to  the  Convention  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  (Doc.  No.  335),  as 
amended  by -the  Committee." 

After  debate,  the  previous  question  having  been  ordered,  on 
motion  of  Mr.  Delaney  of  Holyoke,  the  amendment  moved  by 
Mr.  Cummings  was  adopted.  The  motion  of  Mr.  Sawyer,  as 
thus  amended,  was  then  adopted. 


Committee  of 
the  Whole. 


Initiative  and 
referendum. 


Submission  of 
amendments 
at  the  1917 
state  election. 

Necessities 
of  life,  — 
acquirement, 


distribution. 
Mr.  Dutch,  — 
amendments. 


Committee  of  the  Whole. 

On  motion  of  Mr.  Cummings  of  Fall  River  the  Convention 
resolved  itself  into  Committee  of  the  Whole,  for  the  purpose  of 
considering  the  matters  on  its  Docket. 

The  President  appointed  Mr.  Cummings  to  take  the  chair. 

Subsequently  Mr.  Cummings,  for  the  Committee,  reported 
the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  335)  in  its  amended  form  (Doc.  No.  359). 

The  resolution  was  read;  and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session,  the  question  being  on  ordering  it  to  a 
second  reading. 

Order,1?  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  order  was  considered;  and  it  was  recommitted 
to  the  committee  on  Rules  and  Procedure,  on  motion  of  Mr.  Luce 
of  Waltham :  — 

Ordered,  That  only  resolutions  that  have  been  passed  for  sub- 
mission to  the  people  on  or  before  October  first  next  be  sub- 
mitted to  the  voters  at  the  coming  state  election. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  358)  was  read  a  second  time. 

Mr.  Dutch  of  Winchester  moved  that  the  resolution  be 
amended  as  follows:  - 

By  inserting  at  the  beginning  of  the  article  of  amendment  the 
words  "  When  and  so  far  as  a  public  exigency  exists  therefor  and 
while  it  continues"; 

By  striking  out,  in  lines  8  to  12,  inclusive,  the  words  "the 
governor,  with  the  approval  of  the  council,  if  he  deems  that  a 
public  exigency  exists,  may,  until  otherwise  provided  by  law, 
exercise  the  powers  hereby  granted.  Provision  may  be  made 
by  law",  and  inserting  in  place  thereof  the  word  "and";  and 

By  inserting  after  the  word  "life.",  in  line  20,  the  words  "When 
the  general  court  is  not  in  session  the  governor,  with  the  approval 
of  the  council,  may,  until  otherwise  provided  by  law,  exercise 
the  powers  hereby  granted." 

After  debate  Mr.  Quincy  of  Boston  moved  that  the  resolution 
be  amended  as  follows:  — 


THURSDAY,  SEPTEMBER  27,  1917.  279 

By  striking  out,  in  lines  3  and  4,  the  words  "  taking  by  pur-  Mr.  Quincy,  — 
chase  or  otherwise  by  the  commonwealth  of",  and  inserting  in  amendments- 
place  thereof  the  words  "commonwealth  to  contract  for  or  to 
take  by  purchase  or  otherwise"; 

By  striking  out,  in  line  6,  the  words  "the  sale  of",  and  in- 
serting in  place  thereof  the  words  "to  sell"; 

By  inserting  after  the  word  "therein",  in  line  8,  the  words 
",  also  to  provide  temporary  shelter";  and 

By  inserting  after  the  word  "converting,",  in  line  19,  the 
words  "preserving,  storing,". 

Mr.    Richardson    of    Newton    moved    that    the   resolution    be  Mr.  J.  p. 
amended  as  follows :  —  ^  SSSS^T 

By  striking  out,  in  line  5,  the  comma  after  the  word  "fuel", 
and  inserting  in  place  thereof  the  word  "and"; 

By  striking  out,  in  line  5,  the  words  "and  other  necessaries 
of  life";  and 

By  striking  out,  in  lines  13  and  14,  and  in  line  20,  the  words 
"the  necessaries  of  life",  and  inserting  in  place  thereof,  in  each 
instance,  the  words  "foodstuffs,  feeds,  fuel  and  ice". 

After  further  debate  Mr.  Richardson  of  Newton  moved  that  Adjournment, 
the  Convention  adjourn;    and  this  motion  prevailed. 

Accordingly,  at  five  minutes  before  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


JOURNAL  OF  THE  COMMITTEE  OF  THE  WHOLE. 


THURSDAY,  September  27,  1917. 
Mr.  Cummings  of  Fall  River  in  the  chair. 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  335,  amended)  was  considered  further. 

Mr.  Parker  of  Lancaster  moved  that,  pursuant  to  instructions 
of  the  Convention,  the  resolution,  as  amended,  be  reported  to 
the  Convention;  and  this  motion  prevailed. 

On  motion  of  the  same  member  the  Committee  then  rose. 


280 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  September  28,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Adelbert  L.  Hudson,  D.D.,  of 
Quincy. 

Compensation  of  Charles  S.  Bird,  Jr. 

On  motion  of  Mr.  Powers  of  Newton,  — 

Charles  s.  Ordered,    That  the  compensation  of  Charles  S.   Bird,  Jr.,  for 

compensation,    attendance  be  allowed  from  the  beginning  of  the  Convention. 

Discharge  of  the  Committee  of  the  Whole. 

Universities,          Mr.  Edwin  U.   Curtis  of  Boston  moved  that  the  Committee 
encouragement   of  the  Whole  be  discharged  from  the  consideration  of  the  Reso- 
of  literature.      lution  relative  to  universities  and  colleges  and  to  the  encourage- 
ment of  literature  (Doc.  No.  309),  and  that  the  same  be  placed 
first  in  the  Orders  of  the  Day  for  Tuesday,  October  2. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Lowe  of  Fitchburg;  and  the  motion  of  Mr.  Curtis  was 
adopted. 

The  resolution  was  then  read;  and  it  was  placed  first  in  the 
Orders  of  the  Day  for  Tuesday  next. 

Printing  of  a  Bulletin. 

The  following  order,  offered  by  Mr.  Quincy  of  Boston,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,  That  the  bulletin  on  "Statutory  Powers  and  Duties 
of  the  Governor  and  Council",  prepared  by  the  commission  ap- 
pointed to  compile  information  and  data  for  the  Convention,  be 
printed  as  a  Convention  document. 

Proposed  Adjournment  from  October  26  to  June  11. 

The  following  order,  offered  by  Mr.  Avery  of  Holyoke,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered :  — 

Ordered,  That  the  Convention  continue  in  session  until  the 
fourth  Friday  of  October  next,  and  that  it  then  adjourn  until 
the  second  Tuesday  of  June  in  the  year  1918. 

After  debate  Mr.  Chandler  of  Somerville  moved  the  previous 
question. 

Mr.  Sullivan  of  Salem  raised  the  point  of  order  that  the  order 
was  in  conflict  with  Rule  45.  The  President  declared  the  point 
of  order  well  taken. 

Mr.  Avery  of  Holyoke  moved  that  Rule  45  be  suspended, 
so  that  the  order  might  be  considered.  After  debate  the  rule  was 
suspended,  by  a  vote  of  161  to  54. 


"Statutory 
Powers  and 
Duties  of  the 
Governor  and 
Council ". 


Adjourn- 
ment from 
October  26 
to  June  11. 


Point  of  order. 


FRIDAY,  SEPTEMBER  28,  1917.  281 

Mr.  Luce  of  Waltham  then  moved  that  the  order  be  referred 
to  the  committee  on  Rules  and  Procedure.  After  debate  this 
motion  was  adopted,  by  a  vote  of  162  to  32. 

Manner  of  Submitting  Amendments. 

The  following  order,  offered  by  Mr.  Washburn  of  Middle- 
borough,  the  consideration  of  which  was  postponed  from  the 
last  session,  was  adopted:  - 

Ordered,  That  the  committee  on  Rules  and  Procedure  and  the  Manner  of 
committee  on  Amendment  and  Codification  of  the  Constitution,  JjJeSSents 
sitting   jointly,    be   requested   to   report   an   order   directing   the  to  the  people. 
manner  in  which  the  several  proposals  to  amend  the  Constitution, 
duly  passed  by  this  Convention,  shall  be  submitted  to  the  people 
for  their  ratification  and  adoption  at  the  regular  state  election  to 
be  held  on  November  6  next. 

Absentee  Voting  —  Submission  to  the  People. 

On  motion  of  Mr.  Buttrick  of  Lancaster  the  engrossed  Resolu-  Absentee 
tion  to  provide  for  absentee  voting  (see  Doc.  No.  357)  was  dis-  votins- 
charged  from  the  Orders  of  the  Day,  under  Rule  39,  and  con- 
sidered.   The  Convention  then  voted  to  submit  the  resolution  to 
the  people. 

Absentee  Voting  —  Placing  on  the  Ballot. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  recommitted  the  order  providing  that  only 
resolutions  that  have  been  passed  for  submission  to  the  people 
on  or  before  October  first  next  be  submitted  to  the  voters  at  the 
coming  state  election,  reported  recommending  that  the  same 
ought  to  pass  in  a  new  draft,  as  follows:  — 

Ordered,  That  the  Secretary  of  the  Convention  transmit  to  the  id. 
Secretary  of  the  Commonwealth  the  engrossed  Resolution  rela- 
tive to  absentee  voting  (see  Doc.  No.  357),  and  that  the  Secretary  of 
the  Commonwealth  place  upon  the  ballot  at  the  coming  state 
election  the  question  of  the  adoption  of  the  amendment  em- 
bodied in  said  resolution. 

The  report  was  read;  and  the  order  was  placed  in  the  Orders 
of  the  Day  for  the  next  session. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing  Necessities 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life  acquirement 
(Doc.  No.  358),  being  the  unfinished  business  of  the  last  session,  sale  and 
was  considered  further,  the  main  question  being  on  ordering  it  ^ 
to  a  third  reading. 

Mr.    Richardson    of    Newton    moved    that    the   resolution    be  Mr.  J.  P. 
amended    by    adding    at   the  end    thereof   the  words  " ;    and  all  Richardson  — 

.*'..  .    .  .  .   1  ,  ,          amendment. 

offices  and  positions  created  in  connection  with  any  such  under- 
takings shall  be  filled  in  accordance  with  the  laws  and  regula- 


282 


JOURNAL   OF  THE   CONVENTION, 


Mr.  E.  IT. 

Curtis,  — 
amendment. 


Adjournment. 


tions  governing  the  classified  civil  service  of  the  commonwealth 
and  its  municipalities  ". 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  resolution  be 
amended  by  striking  out  the  article  of  amendment,  and  inserting 
in  place  thereof  the  following:  — 

"In  time  of  emergencies  and  distress  provision  may  be  made 
by  law,  while  such  emergencies  and  distress  continue,  to  author- 
ize the  commonwealth  to  provide  temporary  shelter  and  to  take 
by  eminent  domain,  or  to  purchase  in  any  market  foodstuffs,  medi- 
cines, fuel,  ice,  clothing,  boots  and  shoes,  and  feed  for  animals, 
and  to  sell  the  same  to  the  inhabitants  thereof,  to  the  inhabit- 
ants of  other  states,  or  to  any  county,  city,  town  or  other  mu- 
nicipal corporation  in  this  commonwealth,  which  may  resell  the 
same  to  their  inhabitants,  and  in  connection  therewith  may  au- 
thorize the  establishment,  maintenance  and  operation  by  the 
commonwealth,  cities  and  towns  of  markets,  docks,  fuel  and  coal 
yards  elevators,  warehouses,  canneries  and  slaughter  houses. 
When  the  legislature  is  not  in  session,  the  governor,  with  the 
approval  of  the  council,  may  exercise  the  authority  vested  in  the 
legislature  by  this  section  until  the  legislature  reconvenes  and 
acts." 

After  debate1  Mr.  Parker  of  Lancaster  moved  that  the  Con- 
vention adjourn;  and  this  motion  prevailed. 

Accordingly,  at  three  minutes  before  one  o'clock,  the  Conven- 
tion adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


TUESDAY,  OCTOBER  2,  1917.  283 


TUESDAY,  October  2,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Doran  of  New  Bedford,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  State  Administration,  and  State  Administra-  SSSoS?f  ~~ 
tion  and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday,  time. 
October  9,  in  which  to  report  on  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Boyer  of  Lynn,  — 

Ordered,  That  Mr.  Hall  of  North  Adams  be  granted  leave  of  Isaac  Freeman 
absence,  under  Rule  13,  for  one  week  from  Tuesday,  October  2,  E 
for  urgent  personal  reasons. 

On  motion  of  Mr.  Shaw  of  Revere,  — 

Voted,  That  Mr.  Curtis  of  Revere  be  granted  leave  of  absence,  Arthurs. 
under  Rule  13,  because  of  illness.  Curtis- 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing  Necessities 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life  ^rirement 
(Doc.  No.  358),  being  the  unfinished  business  of  the  last  session,  STamP61 
was  considered  further,  the  main  question  being  on  ordering  it  distribution- 
to  a  third  reading. 

Mr.  Lomasney  of  Boston  moved  that  the  resolution  be  Mr.  Lomasney, 
amended  by  striking  out  the  article  of  amendment,  and  insert-  —amendment! 
ing  in  place  thereof  the  following:  —  . 

"The  maintenance,  at  reasonable  rates,  of  a  sufficient  supply 
of  food  and  other  common  necessaries  of  life,  and  of  shelter, 
during  times  of  war,  emergency  or  distress,  is  a  public  function, 
and  it  shall  be  the  duty  of  the  commonwealth  and  of  the  cities 
and  towns  therein  to  take  and  to  provide  the  same  for  their  in- 
habitants in  such  manner  as  the  legislature  shall  determine." 

After  debate  Mr.   Cummings  of  Fall   River  moved  that  the  Mr. 
amendment  previously  moved  by  Mr.  Dutch  of  Winchester  be  — 
amended  by  striking  out  the  words  proposed  to  be  inserted  at 
the  beginning  of  the  article  of  amendment,  and  inserting  in  place 
thereof  the  words  "Whenever  the  public  exigencies  require". 


284 


JOURNAL  OF  THE  CONVENTION, 


Mr.  G.  W. 
Anderson,  — 
amendment. 


Mr.  Dutch,  - 
postponement. 


Mr.  Kneil,  — 
amendment. 


Mr.  Clapp,  — 
amendment. 


Mr.  Anderson  of  Brookline  moved  that  the  resolution  be 
amended  by  striking  out  the  article  of  amendment,  and  inserting 
in  place  thereof  the  following:  — 

"SECTION  1.  Whenever  the  public  exigencies  require,  provision 
may  be  made  by  law  to  authorize  the  commonwealth  to  con- 
tract for  or  to  take  by  purchase  or  otherwise  foodstuffs,  feeds, 
fuel,  ice  and  other  necessaries  of  life,  paying  reasonable  com- 
pensation therefor,  and  to  sell  the  same  to  the  inhabitants 
thereof  and  to  any  county,  city,  town  or  other  municipal  corpo- 
ration therein  for  resale  to  the  inhabitants  thereof,  also  to  pro- 
vide temporary  shelter.  The  governor,  with  the  approval  of  the 
council,  if  the  legislature  is  not  in  session,  may,  until  otherwise 
provided  by  law,  exercise  the  powers  hereby  granted. 

"SECTION  2.  Provision  may  be  made  by  law  to  authorize  munic- 
ipalities to  buy  and  to  sell  to  their  inhabitants  the  necessaries  of 
life  and  to  harvest,  to  manufacture  and  to  sell  ice;  and  to  provide 
for  the  establishment,  maintenance  and  operation  by  the  com- 
monwealth and  by  cities  and  towns  of  markets,  docks,  fuel  and 
coal  yards,  elevators,  warehouses,  canneries,  slaughter  houses, 
cold  storage  plants  and  other  like  means  for  collecting  and  con- 
verting, preserving,  storing,  selling  and  distributing  the  neces- 
saries of  life.  The  use  of  uniform  methods  of  accounting 
throughout  the  commonwealth  shall  be  provided  for  by  law  for 
any  undertakings  under  the  authority  of  this  section;  and  all 
offices  and  positions  created  in  connection  with  any  undertakings 
under  this  section  shall  be  filled  in  accordance  with  the  laws  and 
regulations  governing  the  classified  civil  service  of  the  common- 
wealth and  its  municipalities." 

Mr.  Dutch  of  Winchester  moved  that  the  further  consider- 
ation of  the  resolution  be  postponed  until  to-morrow,  and  be 
specially  assigned  for  consideration  at  10.30  o'clock  A.M. 

After  debate  on  the  motion  to  postpone,  the  following  amend- 
ments were  received,  there  being  no  objection:  — 

Mr.  Kneil  of  Westfield  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  "Provision  may  be  made 
by  any  such  law  for  the  payment  of  damages  to  any  person 
owning  an  established  business,  whether  the  same  shall  be  taken 
or  not,  for  a  decrease  in  value  of  such  business,  whether  by  loss 
of  custom  or  otherwise,  by  the  carrying  out  of  such  law." 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"Whenever  the  public  exigencies  require,  the  legislature  (1) 
may  authorize  the  commonwealth  to  provide  shelter  and  to  con- 
tract for,  or  to  take  by  purchase  or  otherwise,  paying  reasonable 
compensation  therefor,  foods,  foodstuffs,  feeds  for  animals,  fuel 
and  ice,  and  to  sell  the  same  to  the  inhabitants  thereof  and  to 
any  municipal  corporation  or  political  division  therein;  (2)  may 
authorize  municipalities  to  buy  and  to  sell  to  their  inhabitants 
said  necessaries  of  life  and  to  harvest  and  manufacture  ice;  and 
to  those  ends  (3)  may  authorize  the  commonwealth  and  cities 
and  towns  to  establish,  maintain  and  operate  all  necessary  means 
for  collecting,  converting,  preserving,  storing  and  distributing 


TUESDAY,  OCTOBER  2,   1917.  285 

said  necessaries  of  life.  When  the  legislature  is  not  in  session, 
the  governor,  with  the  approval  of  the  council,  may,  until  other- 
wise provided  by  law,  exercise  the  powers  hereby  authorized. 
The  use  of  uniform  methods  of  accounting  throughout  the  com- 
monwealth shall  be  provided  by  law  for  any  undertakings  under 
the  authority  of  this  article." 

Mr.  Loring  of  Beverly  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"SECTION  1.  Provision  may  be  made  by  law  whereby  the 
commonwealth,  or  any  political  division  thereof,  may  at  any 
time  contract  for,  or  take  by  purchase  or  otherwise,  upon  pay- 
ment of  a  reasonable  compensation  therefor,  foodstuffs,  feeds, 
fuel,  ice,  and  in  a  time  of  public  emergency  any  other  necessary 
of  life,  —  and  may  sell  the  same  to  inhabitants  of  the  common- 
wealth, or  to  any  county,  city,  or  town,  or  other  municipal 
corporation  therein;  and  may  establish,  maintain  and  operate 
markets,  docks,  fuel  and  coal  yards,  elevators,  warehouses,  can- 
neries, slaughter  houses,  ice  houses,  cold  storage  plants,  and 
other  similar  means  for  collecting,  preserving,  converting,  selling 
or  distributing  the  same. 

"SECTION  2.  The  existence  of  a  public  emergency  within  the 
meaning  of  this  article  shall  be  determined  by  the  general  court, 
or,  if  it  is  not  in  session,  by  the  governor  and  council. 

"SECTION  3.  Provision  shall  be  made  by  law  for  the  use 
throughout  the  commonwealth  of  uniform  methods  of  account- 
ing in  the  conduct  of  any  undertaking  carried  on  under  the 
authority  of  this  article." 

Mr.  Coolidge  of  Milton  moved  that  the  resolution  be  amended  ?? 
by  striking  out,  in  lines  13  and  14,  the  words  "to  buy  and  to  sell 
to  their  inhabitants  the  necessaries  of  life  and". 

Mr.  Lowe  of  Fitchburg  moved  that  the  resolution  be  amended 
by  inserting  before  the  word  "collecting",  in  line  19,  the  word 
"producing,". 

Mr.    Montague    of    Boston    moved    that    the    resolution    be  Mr.  Montague, 
amended  by  striking  out,  in  lines  3  and  12,  the  words  "Provision  -amendments. 
may  be  made  by  law",  and  inserting  in  place  thereof,  in  each 
instance,  the  words  "The  general  court  may". 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  —  . 

"  The  general  court  may  determine  what  is  a  public  use." 

The  motion  of  Mr.  Dutch,  that  the  further,  consideration  of  Postponement, 
the  resolution  be  postponed  until  to-morrow,  and  be  specially  as- 
signed for  consideration  at  10.30  o'clock  A.M.,  was  then  adopted. 

The  Resolution  relative  to  universities  and  colleges  and  to  the  Universities 
encouragement  of  literature  (Doc.  No.  309)  was  considered,  the  e^oSa^fment 
question  being  on  ordering  it  to  a  second  reading.  of  literature. 

After  debate  (Mr.  Coolidge  of  Milton  being  in  the  chair)  Mr.  Mr.  Kenny, 
Kenny  of  Boston  moved  that  the  resolution  be  amended,  in  section  ~~ ame 
2,  by  striking  out,  in  line  10,  the  word  "higher",  and  inserting 


286 


JOURNAL  OF  THE  CONVENTION, 


Recess. 


Quorum. 


Mr.  Mansfield, 
—amendments. 


Previous 
question. 
Mr.  Clapp,  — 
amendment. 


Mr.  Cummings, 
—  amendment. 


Adjournment. 


in  place  thereof  the  words  "all  schools  and";  and  by  inserting 
after  the  word  "towns",  in  line  12,  the  words  "and  cities". 

After  further  debate  Mr.  Blackmur  of  Quincy  moved  that  the 
Convention  take  a  recess  until  two  o'clock;  and  this  motion 
prevailed.  Accordingly,  at  two  minutes  before  one  o'clock,  recess 
was  declared  (Mr.  Coolidge  being  in  the  chair)  until  two  o'clock; 
at  which  hour  the  Convention  reassembled. 

Mr.  O'Connell  of  Boston  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Mans- 
field of  Boston  moved  that  the  resolution  be  amended  as  fol- 
lows :  — 

In  section  1,  by  striking  out,  in  lines  1,  2  and  3,  the  words 
"our  wise  and  pious  ancestors,  so  early  as  the  year  one  thousand 
six  hundred  and  thirty-six,  laid  the  foundation  of  Harvard  Col- 
lege, and  whereas";  by  striking  out,  in  line  3,  the  word  "later"; 
by  striking  out,  in  line  5,  the  word  "other";  and  by  striking 
out,  in  lines  14  and  15,  the  words  "the  President  and  Fellows  of 
Harvard  College,  in  their  corporate  capacity,  and"; 

In  section  2,  by  striking  out,  in  line  2,  the  word  "being",  and 
inserting  in  place  thereof  the  word  "are"; 

By  striking  out,  in  lines  9  and  10,  the  words  "  the  university  at 
Cambridge,"; 

By  striking  out,  in  line  10,  the  word  "other"; 

By  striking  out,  in  line  11,  the  word  "public",  and  inserting 
in  place  thereof  the  word  "and"; 

By  striking  out,  in  the  same  line,  the  words  "and  grammar 
schools";  and 

By  inserting  before  the  word  "towns",  in  line  12,  the  word 
"cities  and". 

Mr.  Bauer  of  Lynn  moved  the  previous  question. 

Mr.  Clapp  of  Lexington,  there  being  no  objection,  moved  that 
the  resolution  be  amended,  in  section  2,  by  inserting  in  line  20, 
after  the  word  "shall",  the  words  ",  save  as  otherwise  and  else- 
where provided  in  the  constitution,". 

After  debate  the  motion  of  Mr.  Bauer  was  negatived,  by  a  vote 
of  35  to  139. 

Mr.  Cummings  of  Fall  River  moved  that  the  resolution  be 
amended,  in  section  2,  by  striking  out,  in  lines  23  to  26,  inclusive, 
the  words  "insure  a  complete  and  efficient  system  of  education 
which  will  afford  to  every  one  opportunity  for  full  mental,  physi- 
cal, and  moral  development,  and  will  aid  and  encourage  all  to 
become  unselfish  and  loyal  citizens",  and  inserting  in  place  thereof 
the  words  "promote  and  encourage  the  principles  of  humanity, 
education,  general  benevolence  and  public  and  private  charity". 

After  further  debate  Mr.  Winslow  of  Newton  moved  th:it  the 
Convention  adjourn;  and  this  motion  prevailed. 

Accordingly,  at  four  minutes  after  four  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


:   _- 


TT^TT 


:  i-n 


TIRI 


288 


JOURNAL  OF  THE  CONVENTION, 


Necessities 
of  life,  — 
acquirement, 
Bale  and 
distribution. 


Quorum. 


100,000  daily  with  extra  help  and  overtime  work,  and  that  the 
minimum  time  for  addressing  and  mailing  650,000  pamphlets, 
with  extra  help,  working  nights  and  on  Sunday,  is  one  week. 

With  all  these  operations  in  process  at  the  same  time,  and 
allowing  the  mailing  company  at  least  three  days  to  compfete  the 
addressing  and  mailing,  a  total  of  twenty-one  days  would  be 
required. 

Special  Assignment. 

At  nineteen  minutes  before  eleven  o'clock  the  special  assign- 
ment was  considered,  being  the  Resolution  to  authorize  the  enact- 
ment of  laws  governing  the  acquirement,  sale  and  distribution  of 
the  necessities  of  life  (Doc.  No.  358),  the  main  question  being  on 
ordering  it  to  a  third  reading. 

Mr.  Hobbs  of  Worcester  asked  for  a  count  of  the  Convention, 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that  111 
members  were  present. 

Soon  afterwards  Mr.  Parkman  of  Boston  moved  that  the  roll 
of  the  Convention  be  called,  to  ascertain  if  a  quorum  was  present; 
and  this  motion  prevailed. 

The  roll  was  called;  and  204  members  answered  to  their  names, 
as  follows :  — 


Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bos  worth,  Henry  H. 
Boucher,  Joseph  Zoel 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
CaUahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 


Messrs.  Clark,  Ezra  W. 

Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Cummings,  John  W. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
DriscoU,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 


WEDNESDAY,  OCTOBER  3,  1917. 


289 


Messrs.  Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Neshit  G. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
MorriU,  Charles  H. 


Messrs.  Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'ConneU,  John  P. 
O'Connor,.  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbu^,  Albert  E. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carltpn  W. 
Youngman,  William  S. 


290 


JOURNAL  OF  THE  CONVENTION, 


Precedence  of 
amendments. 


Amendments 
withdrawn. 


Mr.  Tatman, 
—  amendment. 


Previous 
question. 


Amendment 
withdrawn. 


Amendment 
adopted. 


Motion  to 
reconsider. 


Quorum. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

Mr.  Anderson  of  Brookline  moved  that  the  question  first  be  put 
on  the  amendment  previously  moved  by  Mr.  Clapp  of  Lexington. 

Mr.  Lomasney  of  Boston  moved  that  the  question  first  be  put 
on  the  amendment  previously  moved  by  him. 

These  motions  were  severally  negatived. 

After  debate  the  amendments  previously  moved  by  Messrs. 
Dutch  of  Winchester,  Loring  of  Beverly,  Lowe  of  Fitchburg, 
Quincy  of  Boston,  Montague  of  Boston,  Richardson  of  Newton 
and  Edwin  U.  Curtis  of  Boston  were  severally  withdrawn  by 
those  members,  there  being  no  objection,  and  the  amendment 
previously  moved  by  Mr.  Cummings  of  Fall  River  was  thereby 
eliminated. 

After  further  debate  Mr.  Tatman  of  Worcester  moved  that  the 
amendment  previously  moved  by  Mr.  Clapp  of  Lexington  be 
amended  by  inserting  after  the  word  "Whenever",  in  line  1,  the 
words  "during  times  of  war,  emergency  or  distress". 

Mr.  Ross  of  New  Bedford  (Mr.  Walker  of  Brookline  being  in 
the  chair)  moved  the  previous  question;  and  this  motion,  after 
debate,  was  adopted,  by  a  vote  of  130  to  85. 

Mr.  Anderson  of  Brookline  (the  President  having  resumed  the 
chair)  then  withdrew  the  amendment  previously  moved  by  him, 
there  being  no  objection. 

The  amendments  previously  moved  by  Messrs.  Coolidge  of 
Milton  and  Kneil  of  Westfield  were  severally  rejected;  and  the 
amendment  previously  moved  by  Mr.  Lomasney  of  Boston  was 
adopted,  by  a  vote  of  142  to  85,  as  follows  (thereby  eliminating 
the  amendments  moved  by  Messrs.  Tatman  of  Worcester, 
Clapp  of  Lexington  and  Luce  of  Waltham) :  — 

Striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"The  maintenance,  at  reasonable  rates,  of  a  sufficient  supply 
of  food  and  other  common  necessaries  of  life,  and  of  shelter, 
during  times  of  war,  emergency  or  distress,  is  a  public  function, 
and  it  shall  be  the  duty  of  the  commonwealth  and  of  the  cities 
and  towns  therein  to  take  and  to  provide  the  same  for  their  in- 
habitants in  such  manner  as  the  legislature  shall  determine." 

The  resolution,  as  thus  amended  (Doc.  No.  361),  was  ordered 
to  a  third  reading. 

At  four  minutes  before  one  o'clock,  on  motion  of  Mr.  Under- 
bill of  Somerville,  a  recess  was  taken  until  two  o'clock;  at  which 
hour  the  Convention  reassembled. 

Mr.  Avery  of  Holyoke  moved  that  the  vote  be  reconsidered  by 
which  the  Resolution  to  authorize  the  enactment  of  laws  govern- 
ing the  acquirement,  sale  and  distribution  of  the  necessities  of 
life  (Doc.  No.  361)  was  ordered  to  a  third  reading;  and  this  mo- 
tion, under  the  rule,  was  placed  first  in  the  Orders  of  the  Day  for 
the  next  session. 

Mr.  Bryant  of  Milton  doubted  the  presence  of  a  quorum,  and 
the  President  requested  the  Sergeant-at-Arms  to  secure  the  at- 
tendance of  a  quorum. 


WEDNESDAY,  OCTOBER  3,  1917.  291 


Orders  of  the  Day. 

On  the  appearance  of  a  quorum  the  Convention  proceeded  to 
the  consideration  of  the  Orders  of  the  Day. 

The  Resolution  relative  to  universities  and  colleges  and  to  the  Universities 
encouragement  of  literature  (Doc.  No.  309),  being  the  unfinished  tScouragfment 
business  of  the  last  session,   was  considered  further,   the  main  of  literature, 
question  being  on  ordering  it  to  a  second  reading. 

Mr.    Anderson    of    Newton    moved    that    the    resolution    be  Mr.  Anderson, 

.   „  —amendments. 

amended  as  follows :  — 

In  section  1,  by  inserting  in  line  21,  after  trie  word  "enjoy", 
the  words  ",  save  as  otherwise  and  elsewhere  provided  in  the 
constitution"; 

In  section  2,  by  striking  out  the  last  sentence,  and  inserting  in 
place  thereof  the  words  "To  this  end  the  legislature  shall  have 
the  power  to  exempt  from  taxation  property  used  for  charitable, 
benevolent,  literary,  educational,  scientific  and  religious  pur- 
poses."; and 

By  striking  out  the  article  of  amendment,  and  inserting  in 
place  thereof  the  following:  — 

"  The  legislature  shall  have  the  power  to  exempt  from  taxation 
property  used  for  charitable,  benevolent,  literary,  educational, 
scientific  and  religious  purposes." 

Mr.  Ross  of  New  Bedford  moved  that,  unless  a  vote  be  sooner 
reached,  debate  be  closed  at  eleven  o'clock  A.M.  to-morrow. 

Mr.  Sawyer  of  Ware  moved  that,  unless  a  vote  be  sooner 
reached,  debate  be  closed  at  half -past  three  o'clock  this  afternoon. 

After  debate  the  question  was  put  on  the  motion  of  Mr.  Ross 
(that  motion  taking  precedence  under  the  rule),  and  the  same 
was  adopted,  by  a  vote  of  108  to  102. 

After  debate  Mr.  Powers  of  Newton  moved  that  the  resolution  Mr.  Powers,  — 

,  i     ,     .  r»  f   11  amendment. 

be  amended,  in  section  2,  as  follows:  — 

By  inserting  in  line  21,  after  the  word  "otherwise,"  the  words 
",  save  as  otherwise  and  elsewhere  provided  in  the  constitution,"; 
and 

By  adding  at  the  end  thereof  the  words  "To  this  end  the 
legislature  shall  have  the  power  to  exempt  from  taxation  prop- 
erty used  for  charitable,  benevolent,  literary,  educational,  scien- 
tific and  religious  purposes." 

Mr.  Stoneman  of  Boston  moved  that  the  resolution  be  amended,  ^r 
in  section  1,  by  striking  out,  in  line  12,  the  words  "the  Chris- 
tian", and  inserting  in  place  thereof  the  word  "all". 

After  further  debate  Mr.  Linke  of  West  Springfield  moved  that  Adjournment. 
the  Convention  adjourn;  and  this  motion  prevailed. 

Accordingly,  at  twenty-four  minutes  after  four  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


292 


JOURNAL   OF  THE   CONVENTION, 


Sherman  L. 
Whipple. 


Guy  W.  Cox. 


Adjournment 
until 
October  9. 

Quorum. 


Absentee 
voting. 


THURSDAY,  October  4,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Willis  P.  Odell,  D.D.,  of  Brookline. 

Leave  of  Absence. 

On  motion  of  Mr.  Cox  of  Boston,  — 

Ordered,  That  Mr.  Whipple  of  Brookline  be  granted  leave  of 
absence,  under  Rule  13,  until  October  16,  because  of  professional 
engagements  of  long  standing. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 
Ordered,  That  Mr.  Cox  of  Boston  be  granted  leave  of  absence, 
under  Rule  13,  until  October  16,  because  of  professional  engage- 
ments of  long  standing. 

Proposed  Adjournment  to  October  9. 

Mr.  Brown  of  Springfield  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Tuesday,  October  9. 

Mr.  Walker  of  Brookline  asked  for  a  count  of  the  Convention 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that  126 
members  were  present.  The  President  requested  the  Sergeant- 
at-Arms  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  the  motion 
of  Mr.  Brown  was  negatived. 

Absentee  Voting  —  Placing  on  the  Ballot. 

On  motion  of  Mr.  Buttrick  of  Lancaster  the  following  order 
was  discharged  from  the  Orders  of  the  Day,  under  Rule  39,  and 
considered:  — 

Ordered,  That  the  Secretary  of  the  Convention  transmit  to  the 
Secretary  of  the  Commonwealth  the  engrossed  Resolution  rela- 
tive to  absentee  voting  (see  Doc.  No.  357),  and  that  the  Secre- 
tary of  the  Commonwealth  place  upon  the  ballot  at  the  coming 
state  election  the  question  of  the  adoption  of  the  amendment  em- 
bodied in  said  resolution. 

The  order  was  then  recommitted  to  the  committee  on  Rules 
and  Procedure,  on  motion  of  Mr.  Luce  of  Waltham. 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Avery  of  Holyoke,  that  the  vote  be  recon- 
sidered by  which,  at  the  last  session,  the  Resolution  to  authorize 
the  enactment  of  laws  governing  the  acquirement,  sale  and  dis- 


THURSDAY,  OCTOBER  4,   1917.  293 

tribution  of  the  necessities  of  life  (Doc.  No.  361)  was  ordered  to 
a  third  reading,  was  considered. 

After  debate  the  motion  to  reconsider  was  negatived,  by  a  vote 
of  82  to  145. 

The  Resolution  relative  to  universities  and  colleges  and  to  the  Universities 
encouragement  of  literature  (Doc.  No.  309),  being  the  unfinished  SwSS^ent 
business   of  the  last  session,   was  considered  further,   the   main  of  literature. 
question  being  on  ordering  it  to  a  second  reading. 

At  seventeen  minutes  after  eleven  o'clock  Mr.  Lomasney  of 
Boston  moved,  there  being  no  objection,  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  last  session,  voted  to 
close  debate  at  eleven  o'clock  A.M.  to-day.  This  motion  prevailed. 

Pending  the  recurring  question  Mr.  Ross  of  New  Bedford 
moved  that,  unless  a  vote  be  sooner  reached,  debate  be  closed  at 
twelve  o'clock  noon. 

Mr.  Wellman  of  Topsfield  moved  that,  unless  a  vote  be  sooner 
reached,  debate  be  closed  at  three  o'clock  P.M. 

Mr.  Walker  of  Brookline  moved  that  the  motion  of  Mr.  Ross 
be  amended  by  adding  at  the  end  thereof  the  words  ",  and  that 
the  member  in  charge  of  the  resolution  then  be  allowed  twenty 
minutes". 

After  debate  Mr.  Sawyer  of  Ware  moved  that,  unless  a  vote 
be  sooner  reached,  debate  be  closed  at  two  o'clock  P.M. 

After  further  debate  the  question  was  put  on  the  motion  of 
Mr.  Wellman  (that  motion  taking  precedence  under  the  rule), 
and  the  same  prevailed. 

The  recurring  question,  as  thus  amended,  was  then  adopted. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  ReCess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

Mr.  Washburn  of  Worcester  doubted  the  presence  of  a  quorum.  Quorum. 
The  President  requested  the  Sergeant-at-Arms  to  secure  the  at- 
tendance of  a  quorum. 

Subsequently  a  count  of  the  Convention  showed  that  152  mem- 
bers were  present. 

On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Clapp  Mr.  ciapp,  — 
of  Lexington,  there  being  no  objection,  modified  the  amendment  amendment. 
previously  moved  by  him,  so  as  to  read  as  follows:    In  section  2, 
by  inserting  in  line  20,  after  the  word  "shall",  the  words  ",  save 
as  otherwise  and  elsewhere  provided  and  elsewhere  prohibited  in 
the  constitution,". 

Mr.  Anderson  of  Newton,  there  being  no  objection,  withdrew  Mr.  Anderson, 
the  second  amendment  previously  moved  by  him,  and  modified  —amendments, 
his  remaining  amendments  so  as  to  read  as  follows :  — 

In  section  1,  by  inserting  in  line  21,  after  the  word  "enjoy", 
the  words  ",  save  as  otherwise  and  elsewhere  provided  and  else- 
where prohibited  in  the  constitution";  and 

By  striking  out  the  article  of  amendment  (beginning  with 
line  3),  and  inserting  in  place  thereof  the  following:  — 

"The  legislature  shall  continue  to  have  the  power  to  exempt 
from  taxation  property  used  for  charitable,  benevolent,  literary, 
educational,  scientific  and  religious  purposes." 


294 


JOURNAL  OF  THE  CONVENTION, 


On  the  amendments  previously  moved  by  Mr.  Kenny  of 
Boston  the  sense  of  the  Convention  was  taken  by  yeas  and  nays, 
at  the  request  of  that  member;  and  on  the  roll  call  93  members 
voted  in  the  affirmative  and  165  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Brooks 

Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Begley,  John  S. 
Bigney,  Robert  E. 
Bowen,  Patrick 
Boy  den,  Frank  L. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Carr,  Edward 
Codman,  James  M.,  Jr. 
Coogan,  Clement  F. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Dor  an,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 


Messrs.  Horgan,  Francis  J. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Lane,  Daniel  W. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Love,  Joseph  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
MeAnarney,  John  W. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
O'Connell,  John  J. 
O'ConneU,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Twomey,  John  C. 
Walker,  George 
Walsh,  David  I. 
Wilson,  William  H. 


NAYS. 


Messrs.  Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bergengren,  Roy  F. 
Bicknefi,  Wallace  H. 
Blackmur,  Paul  R. 


THURSDAY,  OCTOBER  4,  1917. 


295 


Messrs.  Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve*,  Walter  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
CaUahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Curtis,  Charles  P.,  Jr. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
i  Dellinger,  Raymond  P. 

Derbyshire,  James  H. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 


.  Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mancovitz,  David 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parker,  Herbert 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 


296 


JOUENAL  OF  THE  CONVENTION, 


Amendment 
adopted. 


Id. 


Id. 


Id. 


Id. 


Messrs.  Weekes,  George  LeRoy 

Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 


Messrs.  Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


93  yeas;  165  nays. 

Therefore  the  amendments  previously  moved  by  Mr.  Kenny 
were  rejected. 

The  amendments  previously  moved  by  Mr.  Mansfield  of  Bos- 
ton were  also  rejected. 

The  foregoing  amendment  moved  by  Mr.  Clapp  of  Lexington 
was  adopted,  by  a  vote  of  119  to  92. 

The  amendment  previously  moved  by  Mr.  Cummings  of  Fall 
River  was  rejected. 

The  foregoing  amendment  of  section  1,  moved  by  Mr.  Ander- 
son of  Newton,  was  adopted,  by  a  vote  of  143  to  18. 

The  first  amendment  previously  moved  by  Mr.  Powers  of 
Newton  was  adopted,  by  a  vote  of  125  to  71,  as  follows:  Adding 
at  the  end  of  the  resolution  the  words  "To  this  end  the  legisla- 
ture shall  have  the  power  to  exempt  from  taxation  property  used 
for  charitable,  benevolent,  literary,  educational,  scientific  and 
religious  purposes." 

The  second  amendment  previously  moved  by  Mr.  Powers  was 
rejected. 

The  amendment  previously  moved  by  Mr.  Stoneman  of  Bos- 
ton was  adopted,  by  a  vote  of  168  to  23,  as  follows:  In  section 
1,  striking  out,  in  line  12,  the  words  "the  Christian",  and  insert- 
ing in  place  thereof  the  word  "all". 

On  the  second  foregoing  amendment  moved  by  Mr.  Anderson 
of  Newton  the  sense  of  the  Convention  was  taken  by  yeas  and 
nays,  at  the  request  of  Mr.  Edwin  U.  Curtis  of  Boston;  and  on 
the  roll  call  192  members  voted  in  the  affirmative  and  62  in  the 
negative,  as  follows:  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
BickneU,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 


Messrs.  Boucher,  Joseph  Zoel 
Bouve,  Walter  L. 
Bowen,  Patrick 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 


THURSDAY,  OCTOBER  4,  1917. 


297 


Messrs.  Collins,  Samuel  I. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  WiUiam  J. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
KeUey,  Thomas  R. 
Kerr,  Alexander 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F.. 


Messrs.  Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Logan,  James 
Look,  WiUiam  J. 
Love,  Joseph  A. 
Lowell,  James  A. 
Lufkin,  Wfflfred  W. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Moriarty,  James  T. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Quincy,  Josiah 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 


298 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Turner,  Joseph 

Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Waterman,  George  B. 


Messrs.  Adams,  Scott 

Ballantyne,  John 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Blackmur,  Paul  R. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Brackett,  John  Q.  A. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Cummings,  John  W. 
Dale,  George  H. 
Dean,  Robert  A. 
Dresser,  Frank  F. 
Feiker,  William  H. 
Foss,  George  H. 
George,  Samuel  W. 
Harding,  Clarence  W. 
Harrington,  Patrick  H. 
Hibbard  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 


Messrs.  Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Whitehead,  James 
Willett,  George  Franklin 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Kelley,  George  W. 

Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Moran,  William 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Winslow,  Guy  M. 


192  yeas;  62  nays. 

Therefore  the  second  foregoing  amendment  moved  by  Mr. 
Anderson  was  adopted. 

The  resolution,  as  thus  amended  (Doc.  No.  362),  was  ordered 
to  a  second  reading. 


Adjournment.         jy[r    Underbill  of  Somerville  moved  that  the  Convention  ad- 
journ;  and  this  motion  was  adopted,  by  a  vote  of  149  to  39. 

Accordingly,  at  one  minute  before  four  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


FRIDAY,  OCTOBER  5,  1917. 


299 


FRIDAY,  October  5,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Charles  Tilton  of  Framingham. 

Quorum. 

Mr.  Lane  of  Boston  moved  that  the  roll  of  the  Convention  be  Quorum, 
called,  to  ascertain  if  a  quorum  was  present;    and  this  motion 
prevailed. 

The  roll  was  called;  and  199  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Anderson,  Frederick  L. 
Anderson,  George  W. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boynton,  Thomas  J. 
Bracket!,  John  Q.  A. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 


Messrs.  Craven,  John  H. 

Creamer,  Walter  H. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Finn,  E.  Philip 
Fisher,  Edward 
Flaherty,  William 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hall,  Frederick  S. 


300 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John.F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  Herbert 


Messrs.  Parkman,  Henry 

Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carltpn  W. 
Youngman,  William  S. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


adjournment 


Hour  of  Adjournment. 

^T'  George  °f  Haverhill  moved  that,  if  the  Convention  is  in 
session  at  quarter-past  twelve  o'clock  P.M.  to-day,  the  President 
shall  declare  an  adjournment  until  Tuesday  next. 

After  debate,  the  previous  question  having  been  ordered,  on 


FRIDAY,  OCTOBER  5,  1917. 


301 


motion  of  Mr.  Bauer  of  Lynn,  the  question  was  put,  and  100 
members  voted  in  the  affirmative  and  105  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  George;  and  on  the  roll  call  96  members 
voted  in  the  affirmative  and  126  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Bowen,  Patrick 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Doe,  Orestes  T. 
Dresser t  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Fisher,  Edward 
Fraser,  Eugene  B. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Ay  1  ward,  James  F. 
Barrett,  James  T. 


Messrs.  French,  Asa  P. 

George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Youngman,  William  S. 


NAYS. 


Messrs.  Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 


302 


JOUKNAL  OF  THE  CONVENTION, 


Messrs.  Bigney,  Robert  E. 

Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  BushneU 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny.  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Leonard,  Joseph  J. 
Lowe,  Arthur  H. 
MacMaster,  Edward  A. 
Maguire,  James  E. 


Messrs.  Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
•     Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  Herbert 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


96  yeas;  1126  nays. 


Therefore  the  motion  of  Mr.  George  was  negatived. 


FRIDAY,  OCTOBER  5,  1917.  303 


Placing  of  Resolutions  on  the  Ballot. 

Mr.   Anderson  of  Newton  moved  that  the  Secretary  of  the  Public  funds 
Convention  be  instructed  to  transmit  to  the  Secretary  of  the  eertffi""* 
Commonwealth  the  engrossed  Resolution  relative  to  the  support  institutions. 
of  certain  institutions  from  public  funds   (Doc.  No.  348),  and 
that  the  Secretary  of  the  Commonwealth  be  instructed  to  place 
upon  the  ballot  at  the  next  ensuing  state  election  the  question 
of  the  adoption  of  the  amendment  to  the  Constitution  embodied 
in  said  resolution.    The  form  of  the  question  shall  be  determined 
by  the  committees  on  Rules  and  Procedure  and  on  Amendment 
and  Codification  of  the  Constitution,  as  already  voted. 

After  debate  Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the 
motion  be  referred  to  the  committees  on  Rules  and  Procedure  and 
Amendment  and  Codification  of  the  Constitution,  sitting  jointly. 

After  further  debate  Mr.  Creamer  of  Lynn  moved  the  previous 
question;  and  this  motion,  after  debate,  was  negatived,  by  a 
vote  of  31  to  138. 

The  motion  of  Mr.  Curtis  was  then  adopted. 

The  consideration  of  the  following  order,  offered  by  Mr.  Lowe 
of  Fitchburg,  was  postponed  until  the  next  session,  at  the  request 
of  Mr.  Creamer  of  Lynn:  — 

Ordered,  That  the  Secretary  of  the  Convention  be  instructed  to  Absentee 
notify  the  Secretary  of  the  Commonwealth  that  the  only  resolu- 
tions  to  be  put  upon  the  ballot  at  the  coming  state  election  will 
be  the  Resolution  to  provide  for  absentee  voting  (Doc.  No.  357), 
and  the  Resolution  to  authorize  the  enactment  of  laws  governing 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
(Doc.  No.  361). 

Leave  of  Absence. 

On  motion  of  Mr.  Dresser  of  Worcester,  — 

Voted,  That  Mr.  Hobbs  of  Worcester  be  granted  leave  of 
absence  from  to-day's  session,  in  order  that  he  may  attend  a 
funeral. 

Negligence  of  Spectators. 

On  motion  of  Mr.  Pillsbury  of  Wellesley,  — 

Voted,  That  the  Sergeant-at-Arms  take  such  measures  as  may  Negligence 
be  necessary  to  protect  the  personal  safety  of  ^  members  of  the  ofspec 
Convention  against  the  negligence  of  spectators  in  the  gallery. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359)  was  considered,  the  question  being 
on  ordering  it  to  a  second  reading. 

Mr.  Walker  of  Brookline  moved  that,  unless  a  vote  be  sooner  Limit  of 
reached,  debate  be  closed  at  three  o'clock  P.M.  on  Wednesday,  debate- 
October  10,  and  that  the  member  in  charge  of  the  measure  then 
be  allowed  twenty  minutes. 


304 


JOURNAL  OF  THE  CONVENTION, 


After  debate  the  question  was  put,  and  99  members  voted  in 
the  affirmative  and  115  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker;  and  on  the  roll  call  108  members 
voted  in  the  affirmative,  and  116  in  the  negative,  as  follows:  - 


YEAS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Anderson,  George  W. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bergengren.  Roy  F. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Bailey,  Charles  O. 


Messrs.  Kelly,  Luke  L. 

Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Leonard,  Joseph  J. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ross,  Samuel 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whitehead,  James 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 


FRIDAY,  OCTOBER  5,  1917. 


305 


Messrs.  Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bouv<§,  Walter  L. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick.  John  F. 
Dale,  Ueorge  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 


Messrs.  Hall,  Frederick  S. 

Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kenefick,  Thomas  W. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Mansfield,  John  J. 
McAnarney,  John  W. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Richardson,  Edward  A. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


108  yeas;  116  nays. 

Therefore  the  motion  of  Mr.  Walker  was  negatived. 

The  same  member  then  moved  that  the  Convention  adjourn:  Adjournment. 
and  this  motion  was  adopted,  by  a  vote  of  129  to  33. 

Accordingly,  at  twenty  minutes  before  one  o'clock,  the  Con- 
vention adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


306 


JOURNAL  OF  THE  CONVENTION, 


Reports  of 
committees,  • 
extension  of 
time. 


John  W. 
Cummings. 


Henry  T. 
Lummus. 


Ralph  L. 

Theller. 


George  W. 
Anderson. 


Adjournment 
Thursday  to 
Tuesday. 


Quorum. 


TUESDAY,  October  9,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Edward  Marsh  of  Boston. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Washburn  of  Middleborough,  — 
Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday, 
October  16,  in  which  to  report  on  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Creed  of  Boston,  — 

Ordered,  That  Mr.  Cummings  of  Fall  River  be  granted  leave 
of  absence,  under  Rule  13,  for  the  present  week,  because  of  the 
death  of  a  relative. 

On  motion  of  Mr.  Creamer  of  Lynn,  — 

Ordered,  That  Mr.  Lummus  of  Lynn  be  granted  leave  of  ab- 
sence, under  Rule  13,  on  account  of  illness. 

On  motion  of  Mr.  Harriman  of  New  Bedford,  — 

Ordered,  That  Mr.  Theller  of  New  Bedford  be  granted  leave  of 

absence,  under  Rule  13,  for  the  present  wee"k,  on  account  of  the 

death  of  a  relative. 

On  motion  of  Mr.  Powers  of  Newton,  — 

Voted,  That  Mr.  Anderson  of  Brookline  be  granted  leave  of 
absence  for  two  days,  because  of  duties  in  connection  with  busi- 
ness for  the  national  government. 

Adjournment  Over  October  12. 

On  motion  of  Mr.  Boucher  of  New  Bedford,  — 
Voted,    That,    when   the    Convention    adjourns    on   Thursday 
October  11,  it  adjourn  to  meet  on  Tuesday,  October  16. 

Quorum. 

Mr.  Collins  of  Amesbury  asked  for  a  count  of  the  Convention, 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that  121 
members  were  present.  The  President  requested  the  Sergeant- 
at-Arms  to  secure  the  attendance  of  a  quorum. 

Placing  of  Resolutions  on  the  Ballot. 

On  the  appearance  of  a  quorum  the  following  order,  offered  by 
Mr.  Lowe  of  Fitchburg,  the  consideration  of  which  was  postponed 
from  the  last  session,  was  considered:  — 


TUESDAY,  OCTOBER  9,  1917.  307 

Ordered,  That  the  Secretary  of  the  Convention  be  instructed  to  Absentee 
notify   the   Secretary   of  the   Commonwealth  that   the   [A]  only  JeSties 
resolutions  [B]  to  be  put  upon   the  ballot    at   the  coming  state  of  life. 
election  [C]  will  be  the  Resolution  to  provide  for  absentee  voting, 
and  the  Resolution    to    authorize   the    enactment    of  laws  gov- 
erning the  acquirement,  sale  and  -distribution   of   the   necessities 
of  life. 

After  debate  Mr.  Pelletier  of  Boston  moved  that  the  order  be  Mr.  Pelletier,— 
amended  by  including  the  Resolution  relative  to  the  support  of  amendments- 
certain  institutions  from  public  funds. 

After  further  debate  the  same  member  moved  that  the  fore- 
going amendment  be  amended  by  adding  the  Resolution  relative 
to  universities  and  colleges  and  to  the  encouragement  of  litera- 
ture. 

After  further  debate  Mr.   Walker  of  Brookline   (Mr.   Quincy  Mr.  Walker,— 
of  Boston  being  in  the  chair)  moved  that  the  order  be  amended  amendments- 
by   striking   out,    at  "A",   the   word  "only",   and  inserting  in 
place   thereof   the  word  "following";   by  striking  out,  at  "  B  ", 
the  word  "to",  and  inserting  in  place  thereof  the  word  "will"; 
and  by  striking  out,  at    "  C  ",   the  words  "will  be",  and  insert- 
ing in  place  thereof  a  colon. 

After  further  debate  Mr.  Delaney  of  Holyoke  (Mr.  Charles 
P.  Curtis,  Jr.,  of  Boston  being  in  the  chair)  moved  the  previous 
question;  and  this  motion  prevailed. 

The  President  having  resumed  the  chair  the  amendments 
moved  by  Mr.  Walker  of  Brookline  were  rejected,  by  a  vote  of 
91  to  106. 

The  amendment  of  the  amendment  moved  by  Mr.  Pelletier 
was  adopted,  by  a  vote  of  130  to  60.  The  amendment,  as 
amended,  was  then  adopted,  by  a  vote  of  131  to  71. 

The  order,  as  amended,  was  then  adopted,    as  follows:  — 

Ordered,  That  the  Secretary  of  the  Convention  be  instructed 
to  notify  the  Secretary  of  the  Commonwealth  that  the  only  reso-  tiesofhfe; 
lutions  to  be  put  upon  the  ballot  at  the  coming  state  election  will 
be  the  Resolution  to  provide  for  absentee  voting,  the  Resolu- 
tion  to  authorize  the  enactment  of  laws  governing  the  acquire- 
ment, sale  and  distribution  of  the  necessities  of  life,  the  Reso- 
lution relative  to  the  support  of  certain  institutions  from  public 
funds,  and  the  Resolution  relative  to  universities  and  colleges 
and  to  the  encouragement  of  literature. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;   at  which  hour  the 
Convention  reassembled. 

Mr.  Washburn  of  Worcester  doubted  the  presence  of  a  quorum;  Quorum. 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

Placing  on  the  Ballot  the  Article  of  Amendment  Relative  to  Ab- 
sentee Voting. 

Mr.  Washburn  of  Middleborough,  for  the  committee  on  Rules 
and  Procedure  and  the  committee  on  Amendment  and  Codifica- 
tion of  the  Constitution,  sitting  jointly,  who  were  requested  to 


308  JOURNAL   OF  THE   CONVENTION, 

report  an  order  directing  the  manner  in  which  the  several  pro- 
posals to  amend  the  Constitution,  duly  passed  by  the  Convention, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion at  the  regular  state  election  to  be  held  on  November  6 
next,  —  reported,  in  part,  recommending  the  adoption  of  the 
following  order:  — 

Absentee  Ordered,    That    the   following    Article    of    Amendment    of   the 

Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  one, 
shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  sixth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Shall  the  following  Article  of  Amendment  relative  to  absentee 
voting,  submitted  by  the  Constitutional  Convention,  be  approved 
and  ratified?  1 

ARTICLE    OF   AMENDMENT. 

The  general  court  shall  have  power  to  provide  by 
law  for  voting  by  qualified  voters  of  the  common- 
wealth who,  at  the  time  of  an  election,  are  absent  from  the  city 
or  town  of  which  they  are  inhabitants  in  the  choice  of  any  officer 
to  be  elected  or  upon  any  question  submitted  at  such  election." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

The  report  was  read.  The  reading  of  the  order  was  then  dis- 
pensed with,  on  motion  of  Mr.  Washburn;  and  it  was  placed  in 
the  Orders  of  the  Day  for  the  next  session. 


TUESDAY,  OCTOBER  9,  1917.  309 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359),  being  the  unfinished  business  of  the 
last  session,  was  considered  further,  the  question  being  on  order- 
ing it  to  a  second  reading. 

Mr.  Loring  of  Beverly  moved  that  the  resolution  be  amended 
by  striking  out  lines  13  to  47,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"If  a  proposal  for  a  specific  amendment  of  the  constitution 
is  introduced  into  the  general  court  by  initiative  petition  signed 
by  not  less  than  twenty-five  thousand  qualified  voters  in  the 
manner  herein  provided,  or  by  recommendation  of  the  governor 
by  message,  or  if  in  case  of  a  proposal  for  amendment  otherwise 
introduced  consideration  thereof  in  joint  session  is  called  for  by 
vote  of  either  house,  such  proposal  shall,  not  later  than  the 
second  Wednesday  in  June,  be  laid  before  a  joint  session  of  the 
two  houses,  at  which  the  president  of  the  senate  shall  preside; 
and  if  the  two  houses  fail  to  agree  upon  a  time  for  holding  any 
joint  session  hereby  required,  or  fail  to  continue  the  same  from 
time  to  time  until  final  action  has  been  taken  upon  all  amend- 
ments pending,  the  governor  shall  call  such  joint  session  or 
continuance  thereof.  Final  legislative  action  upon  any  amend- 
ment shall  be  taken  only  by  call  of  the  yeas  and  nays,  which 
shall  be  entered  upon  the  journals  of  the  two  houses;  and  an 
unfavorable  vote  at  any  legislative  stage  preceding  final  action 
shall  be  verified  by  call  of  the  yeas  and  nays,  to  be  entered  in 
like  manner.  An  amendment  introduced  by  initiative  petition 
shall  be  voted  upon  in  the  form  in  which  it  was  introduced,  pro- 
vided that  such  amendment  may  be  amended  in  any  manner  not 
inconsistent  with  its  general  purpose  by  vote  of  three-quarters  of 
the  members  voting  thereon  in  joint  session.  An  amendment 
introduced  by  recommendation  of  the  governor  shall  be  voted 
upon  either  in  the  form  in  which  it  was  originally  recommended 
or  in  such  amended  form  as  the  governor  may  by  message  ap- 
prove or  substitute. 

"An  amendment  introduced  by  initiative  petition  or  by  the 
governor  shall  be  designated  an  initiative  amendment,  an/1  an 
amendment  otherwise  introduced  shall  be  designated  a  legisla- 
tive amendment.  At  such  joint  session,  if  a  legislative  amend- 
ment shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  the  general  court,  or  if  an  initiative  amendment  shall 
receive  the  affirmative  votes  of  not  less  than  one-quarter  of  all 
the  members  elected  to  the  general  court,  in  either  case  such 
amendment  shall  be  deemed  to  be  referred  to  the  next  general 
court. 

"If  any  legislative  amendment  shall  again  be  agreed  to  by 
a  majority  of  all  the  members  elected  to  the  next  general  court, 
voting  in  a  joint  session  of  the  two  houses  to  be  held  as  afore- 
said, it  shall  then  be  submitted  by  the  general  court  to  the 


310 


JOURNAL  OF  THE  CONVENTION, 


Limit  of 
debate. 


Mr.  Loring,— 
amendment. 


Mr.  Walker,— 
amendments. 


people.  If  any  initiative  amendment  shall  again  receive  in  the 
next  general  court  the  affirmative  votes  of  at  least  one-quarter 
of  all  the  members  elected,  such  fact  shall  be  certified  by  the 
clerk  of  such  joint  convention  to  the  secretary  of  the  common- 
wealth and  he  shall  submit  the  amendment  to  the  people  at  the 
next  state  election.  Any  amendment  so  submitted  shall  be 
adopted  and  become  part  of  the  constitution  if  approved  in  the 
case  of  a  legislative  amendment  by  a  majority  of  the  voters 
voting  thereon,  or  if  approved  in  the  case  of  an  initiative  amend- 
ment by  voters  at  least  equal  in  number  to  thirty  per  cent,  of 
the  voters  voting  at  such  election  and  also  by  a  majority  of  the 
voters  voting  on  such  amendment. 

"Article  IX  of  the  amendments  to  the  constitution  is  hereby 
annulled." 

Mr.  Bennett  of  Saugus  moved  that,  unless  a  vote  be  sooner 
reached,  debate  be  closed  at  three  o'clock  P.M.  on  Tuesday, 
October  16.  After  debate  this  motion  was  negatived,  by  a  vote 
of  66  to  97. 

Mr.  Quincy  of  Boston  moved  that  the  amendment  moved  by 
Mr.  Loring  of  Beverly  be  debated  and  voted  upon  before  the 
Convention  proceeds  to  the  consideration  of  other  amendments; 
and  this  motion  prevailed. 

After  debate  the  amendment  moved  by  Mr.  Loring  was 
adopted. 

Mr.  Walker  of  Brookline  moved  that  the  resolution  be  amended 
as  follows :  — 

By  inserting  after  the  word  "law",  in  line  84,  the  words 
",  hereinafter  designated  as  the  measure,"; 

By  striking  out,  in  line  89,  the  word  "He",  and  inserting 
in  place  thereof  the  words  "The  secretary  of  the  common- 
wealth"; 

By  striking  out,  in  lines  90  and  91,  the  words  "constitutional 
amendment  or  law",  and  inserting  in  place  thereof  the  word 
"measure"; 

By  striking  out,  in  line  93,  the  words  "for  a  law  or  an  amend- 
ment to  the  constitution"; 

By  striking  out,  in  line  106,  the  words  "constitutional 
amendment  or  law",  and  inserting  in  place  thereof  the  word 
"measure"; 

By  inserting  after  the  word  "division",  in  line  111,  the 
words  "or  to  particular  districts  or  localities"; 

By  striking  out,  in  line  114,  the  words  "final  enactment", 
and  inserting  in  place  thereof  the  words  "it  has  become  a 
law"; 

By  striking  out,  in  line  134,-  the  words  "its  final  enact- 
ment", and  inserting  in  place  thereof  the  words  "it  has  be- 
come a  law"; 

By  inserting  after  the  word  "law",  in  line  139,  in  both 
places  where  it  occurs,  the  words  "or  part  thereof"; 

By  inserting  after  the  word  "division",  in  line  181,  the  words 
"or  to  a  particular  district  or  locality";  and 

By  striking  out,  in  line  195,  the  words  "cause  each  question", 


TUESDAY,  OCTOBER  9,  1917.  311 

and  inserting  in  place  thereof  the  words  "give  each  question  a 
number  and  cause  it". 

After  debate  the  amendments  of  lines  84,  89,  90  and  91,  93, 
106,  111,  114  and  134  were  severally  adopted. 

Mr.    Bryant   of   Milton   then   moved   that   the   resolution   be  Mr.  Bryant, — 

amended  as  follows :  —  amendments. 

By  striking  out,  in  line  8,  the  words  "or  any  part  thereof,"; 

By  striking  out,  in  lines  141,  146,  148,  149,  150  and  151,  169, 
171,  172  and  174,  the  words  "or  part  thereof";  and 

By  striking  out,   in  line  162,  the  words  "or  any  part  thereof". 

Mr.  Crafts  of  Whately  then  moved  that  the  Convention  ad-  Adjournment, 
journ;   and  this  motion  was  adopted,  by  a  vote  of  106  to  33. 

Accordingly,  at  four  o'clock,  the  Convention  adjourned,  to 
meet  to-morrow  at  half-past  ten  o'clock  A.M. 


312 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  October  10,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
member  of  the  Convention. 


James  T. 
Moriarty. 


Leave  of  Absence. 

On  motion  of  Mr.  Dennis  D.  Driscoll  of  Boston,  — 
Ordered,   That  Mr.   Moriarty  of  Boston  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  illness. 


Superior 
Court,— 
engagement 
of  delegates 
of  the  Con- 
vention. 


Attendance  of  Delegates  Equivalent  to  Court  Engagements. 

A  communication  from  John  A.  Aiken,  Chief  Justice  of  the 
Superior  Court,  stating  that,  at  a  meeting  of  the  Justices  of  the 
Superior  Court  held  October  6,  it  was  "Voted  that  the  Resolu- 
tion of  the  Constitutional  Convention  that  the  courts  of  the 
Commonwealth  be  respectfully  requested  to  make  the  attendance 
of  delegates  of  the  Convention  to  be  equivalent  to  a  court  en- 
gagement by  such  delegates  be  granted  in  such  matters  as  the 
Superior  Court  has  jurisdiction", — was  read;  and  the  com- 
munication placed  on  file. 

Committee  on  Form  and  Phraseology  —  Consideration  of  Amend- 
ments. 

On  motion  of  Mr.  Parkman  of  Boston,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  consider 
by  committee  and  report  some  means  or  rule  by  which,  after  a  resolution  has 
been  reported  by  the  committee  on  Form  and  Phraseology  and 
amendments  have  been  adopted  to  such  resolution,  the  same  may 
again  be  considered  by  the  committee  on  Form  and  Phraseology. 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Quorum. 


Substitute 
resolution. 


Discharged  from  the  Orders  of  the  Day. 

Mr.  Dennis  D.  Driscoll  of  Boston  moved  that  the  Resolution 
to  authorize  the  enactment  of  laws  governing  the  acquirement, 
sale  and  distribution  of  the  necessities  of  life  (Doc.  No.  361)  be 
discharged  from  the  Orders  of  the  Day,  under  Rule  39. 

Mr.  Washburn  of  Worcester  doubted  the  presence  of  a  quorum. 
The  President  requested  the  Sergeant-at-Arms  to  secure  the  at- 
tendance of  a  quorum. 

On  the  appearance  of  a  quorum  the  motion  of  Mr.  Driscoll 
was  adopted;  and  the  resolution  was  read  a  third  time. 

Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and  Phrase- 
ology, reported  recommending  that  the  resolution  be  amended  by 
the  substitution  of  a  Resolution  to  authorize  the  enactment  of 
laws  governing  the  acquirement,  sale  and  distribution  of  the 
necessaries  of  life  (Doc.  No.  363). 


WEDNESDAY,  OCTOBER  10,   1917.  313 

Mr.  Driscoll  then  moved  that  the  further  consideration  of  the 
resolution  be  specially  assigned  for  two  o'clock  P.M.  to-day; 
and  this  motion  prevailed. 

On  motion  of  Mr.  Washburn  of  Middleborough  the  following 
order  was  discharged  from  the  Orders  of  the  Day,  under  Rule  39, 
and  considered;  and  the  order  was  adopted: —  Absentee 

Ordered,  That  the  following  Article  of  Amendment  of  the  voting66 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  one, 
shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  sixth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Shall  the  following  Article  of  Amendment  relative  to  absentee 
voting,  submitted  by  the  Constitutional  Convention,  be  approved 
and  ratified? 

ARTICLE    OF   AMENDMENT. 

The  general  court  shall  have  power  to  provide  by 
law  for  voting  by  qualified  voters  of  the  common- 
wealth who,  at  the  time  of  an  election,  are  absent  from  the  city 
or  town  of  which  they  are  inhabitants  in  the  choice  of  any  officer 
to  be  elected  or  upon  any  question  submitted  at  such  election." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 


314 


JOURNAL  OF  THE  CONVENTION, 


Initiative  and 
referendum. 


Universities 
and  colleges; 
encouragement 
of  literature. 

Mr.  Wellman, 
—  amendment. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

On  motion  of  Mr.  Luce  of  Waltham  the  resolution  was  laid 
on  the  table. 

The  Resolution  relative  to  universities  and  colleges  and  to 
the  encouragement  of  literature  (Doc.  No.  362)  was  read  a 
second  time  and  considered. 

Mr.  Wellman  of  Topsfield  moved  that  the  resolution  be 
amended  by  inserting  before  the  article  of  amendment  the  fol- 
lowing: — 

"Instead  of  Chapter  V  of  Part  the  Second  of  the  Consti- 
tution, the  following  modification  and  amendment  thereof  is 
substituted. 

CHAPTER  V. 

THE     UNIVERSITIES     AND     COLLEGES,     AND     THE     ENCOURAGEMENT 

OF    LITERATURE. 

Section  1.     The  Universities  and  Colleges. 

"  Whereas  our  wise  and  pious  ancestors,  so  early  as  the  year 
one  thousand  six  hundred  and  thirty-six,  laid  the  foundation 
of  Harvard  College,  and  whereas  at  various  later  times  to 
the  present  day  by  the  generosity  of  benefactors  and  the 
encouragement  of  the  general  court  other  institutions  of 
higher  learning  have  been  established  in  the  commonwealth, 
in  which  universities  and  colleges  many  persons  of  great 
eminence  have,  by  the  blessing  of  God,  been  initiated  in 
those  arts  and  sciences,  which  qualified  them  for  public  em- 
ployments, both  in  church  and  state:  and  whereas  the  en- 
couragement of  arts  and  sciences,  and  all  good  literature, 
tends  to  the  honor  of  God,  the  advantage  of  all  religion,  and 
the  great  benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that  the  President  and  Fellows  of  Harvard 
College,  in  their  corporate  capacity,  and  the  trustees  and  govern- 
ing bodies  of  all  the  universities,  colleges  and  institutions  of 
higher  learning,  their  successors,  their  officers  and  servants,  shall 
have,  hold,  use,  exercise  and  enjoy,  all  the  powers,  authorities, 
rights,  liberties,  privileges,  immunities  and  franchises,  which 
they  now  have,  or  are  entitled  to  have,  hold,  use,  exercise  and 
enjoy,  save  as  otherwise  and  elsewhere  provided  and  elsewhere 
prohibited  in  the  constitution:  and  the  same  are  hereby  ratified 
and  confirmed  unto  them  forever. 


WEDNESDAY,  OCTOBER  10,  1917.  315 


Section  2.     The  Encouragement  of  Literature,  etc. 

"  Wisdom  and  knowledge,  as  well  as  virtue,  diffused  generally  Mr. 
among  the  body  of  the  people,  being  necessary  for  the  preserva-  ~  amendment. 
tion  of  their  rights  and  liberties;  and  as  these  depend  on  spread- 
ing the  opportunities  and  advantages  of  education  in  the  various 
parts  of  the  country,  and  among  the  different  orders  of  the 
people,  it  shall  be  the  duty  of  legislature  and  magistrates,  in  all 
future  periods  of  this  commonwealth,  to  cherish  the  interests  of 
literature  and  the  sciences  and  all  seminaries  of  them;  especially 
the  university  at  Cambridge,  all  other  universities,  colleges,  and 
higher  institutions  of  learning,  public  schools  and  common 
schools  in  the  towns;  to  encourage  private  societies  and  public 
institutions,  rewards  and  immunities,  for  the  promotion  of  agri- 
culture, arts,  sciences,  commerce,  trades,  manufactures,  and  a 
natural  history  of  the  country;  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence,  public  and  pri- 
vate charity,  industry  and  frugality,  honesty  and  punctuality  in 
their  dealings;  sincerity,  good  humor,  and  all  social  affections, 
and  generous  sentiments,  among  the  people.  To  this  end  the 
legislature  shall,  save  as  otherwise  and  elsewhere  provided  and 
elsewhere  prohibited  in  the  constitution,  have  power  to  make 
such  provision  by  taxation  or  otherwise  as  will  in  conjunction 
with  the  local  agencies  and  institutions  above  enumerated,  insure 
a  complete  and  efficient  system  of  education  which  will  afford  to 
every  one  opportunity  for  full  mental,  physical,  and  moral  de- 
velopment, and  will  aid  and  encourage  all  to  become  unselfish 
and  loyal  citizens. 

"No  public  money  shall  be  appropriated  under  the  above 
provisions  to  any  school  or  institution  not  under  public  control." 

After  debate  Mr.  Kenny  of  Boston  moved  that  the  foregoing  Mr.  Kenny,  — 
amendment  be  amended  by  striking  out  the  last  paragraph.          amendment. 

Mr.  Powers  of  Newton  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  "The  legislature  shall 
have  power  to  pass  laws  promoting  the  sound  development  of 
the  public  school  system  of  the  state,  and  to  raise  money  there- 
for by  taxation.  No  public  money,  however,  shall  be  appropria- 
ted under  the  above  provision  to  any  school  or  institution  not 
under  public  control." 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  White  of  North  Brookfield. 

The  amendment  moved  by  Mr.  Kenny  was  then  rejected. 

The  amendment  moved  by  Mr.  Wellman  was  rejected,  by  a 
vote  of  41  to  138. 

The  amendment  moved  by  Mr.  Powers  was  rejected,  by  a 
vote  of  66  to  133. 

The  resolution  was  then  ordered  to  a  third  reading. 

Placing  on  the   Ballot  the   Article  of  Amendment  Relative  to  the 
Support  of  Certain  Institutions  from  Public  Funds. 

Mr.  Washburn  of  Middleborough,  for  the  committee  on  Rules 
and  Procedure  and  the  committee  on  Amendment  and  Codifica- 


316  JOURNAL  OF  THE  CONVENTION, 

tion  of  the  Constitution,  sitting  jointly,  who  were  requested  to 
report  an  order  directing  the  manner  in  which  the  several  pro- 
posals to  amend  the  Constitution,  duly  passed  by  the  Convention, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion at  the  regular  state  election  to  be  held  on  November  6 
next,  —  reported,  in  part,  recommending  the  adoption  of  the 
following  order:  — 

Public  funds,  Ordered,  That  the  following  Article  of  Amendment  of  the 
ofcertap  Constitution  of  the  Commonwealth,  which  has  been  made  and 
institutions.  adopted  by  this  Convention,  and  which  shall  be  numbered  two, 
shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  sixth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  - 

In  'place  of  Article  18  of  the  Articles  of  Amendment  of  the 
Constitution,  shall  the  following  Article  of  Amendment  relative 
to  appropriations  for  educational  and  benevolent  purposes,  sub- 
mitted by  the  Constitutional  Convention,  be  approved  and 
ratified?  2 

ARTICLE    OF   AMENDMENT. 

ARTICLE   XVIII.     SECTION   1.     No  law  shall   be 
passed  prohibiting  the  free  exercise  of  religion. 

SECTION  2.  All  moneys  raised  by  taxation  in  the  towns  and 
cities  for  the  support  of  public  schools,  and  all  moneys  which 
may  be  appropriated  by  the  commonwealth  for  the  support  of 
common  schools  shall  be  applied  to,  and  expended  in,  no  other 
schools  than  those  which  are  conducted  according  to  law,  under 
the  order  and  superintendence  of  the  authorities  of  the  town  or 
city  in  which  the  money  is  expended;  and  no  grant,  appropria- 
tion or  use  of  public  money  or  property  or  loan  of  public  credit 
shall  be  made  or  authorized  by  the  commonwealth  or  any 
political  division  thereof  for  the  purpose  of  founding,  main- 
taining or  aiding  any  school  or  institution  of  learning,  whether 
under  public  control  or  otherwise,  wherein  any  denominational 
doctrine  is  inculcated,  or  any  other  school,  or  any  college, 
infirmary,  hospital,  institution,  or  educational,  charitable  or 
religious  undertaking  which  is  not  publicly  owned  and  under 
the  exclusive  control,  order  and  superintendence  of  public 
officers  or  public  agents  authorized  by  the  commonwealth  or 
federal  authority  or  both,  except  that  appropriations  may  be 
made  for  the  maintenance  and  support  of  the  Soldiers'  Home 
in  Massachusetts  and  for  free  public  libraries  in  any  city  or 
town,  and  to  carry  out  legal  obligations,  if  any,  already  entered 


WEDNESDAY,  OCTOBER  10,  1917.  317 

into;  and  no  such  grant,  appropriation  or  use  of  public  money 
or  property  or  loan  of  public  credit  shall  be  made  or  authorized 
for  the  purpose  of  founding,  maintaining  or  aiding  any  church, 
religious  denomination  or  society. 

SECTION  3.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  commonwealth,  or  any  political  division  thereof, 
from  paying  to  privately  controlled  hospitals,  infirmaries,  or  in- 
stitutions for  the  deaf,  dumb  or  blind  not  more  than  the  ordinary 
and  reasonable  compensation  for  care  or  support  actually  ren- 
dered or  furnished  by  such  hospitals,  infirmaries  or  institutions 
to  such  persons  as  may  be  in  whole  or  in  part  unable  to  support 
or  care  for  themselves. 

SECTION  4.  Nothing  herein  contained  shall  be  construed  to 
deprive  any  inmate  of  a  publicly  controlled  reformatory,  penal 
or  charitable  institution  of  the  opportunity  of  religious  exercises 
therein  of  his  own  faith;  but  no  inmate  of  such  institution  shall 
be  compelled  to  attend  religious  services  or  receive  religious  in- 
struction against  his  will,  or,  if  a  minor,  without  the  consent  of 
his  parent  or  guardian. 

SECTION  5.  This  amendment  shall  not  take  effect  until  the 
October  first  next  succeeding  its  ratification  and  adoption  by  the 
people." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

The  report  and  the  order  were  read.  Pending  the  question  on 
the  adoption  of  the  order  Mr.  Creed  of  Boston  moved  that  the 
Convention  take  a  recess  until  two  o'clock;  and  this  motion  pre- 
vailed. 

Accordingly,  at  three  minutes  before  one  o'clock,  a  recess  was  Recess, 
taken   until    two    o'clock;     at    which   hour   the    Convention   re- 
assembled. 

Mr.  Washburn  of  Middleborough  doubted  the  presence  of  a  Quorum, 
quorum;   and  the  President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 


318 


JOURNAL  OF  THE  CONVENTION, 


Necessities 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Mr.  Pillsbury, 
—  amendment. 


Mr.  E.  W. 
Clark,  — 
amendment. 


Mr.  Cusick,  - 
amendment. 


Mr.  Carr,  - 
amendment. 


Mr.  Dutch,  — 
amendment. 


Mr.  Luce,  — 
amendment. 


Mr.  Lowe,  — 
amendment. 


Special  Assignment. 

On  the  appearance  of  a  quorum  the  special  assignment  was 
considered,  being  the  Resolution  to  authorize  the  enactment  of 
laws  governing  the  acquirement,  sale  and  distribution  of  the 
necessities  of  life  (Doc.  No.  361),  the  main  question  being  on 
passing  it  to  be  engrossed. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  amendment  pre- 
viously recommended  by  the  committee  on  Form  and  Phraseology 
(Doc.  No.  363)  be  amended  by  striking  out  the  article  of 
amendment,  and  inserting  in  place  thereof  the  following:  - 

"The  maintenance  and  distribution  at  reasonable  rates,  during 
time  of  war,  public  exigency,  emergency  or  distress,  of  a  sufficient 
supply  of  food  for  man  and  animals,  fuel  and  ice,  and  the  pro- 
viding of  shelter,  are  public  functions,  and  the  commonwealth 
and  the  cities  and  towns  therein  may,  under  such  conditions, 
take  and  provide  the  same  for  their  inhabitants  in  such  manner 
as  the  general  court  shall  determine." 

Mr.  Clark  of  Brockton  moved  that  the  amendment  recom- 
mended by  the  committee  on  Form  and  Phraseology  be  amended 
by  adding  at  the  end  thereof  the  words  "The  legislature  may, 
during  times  of  war,  emergency,  distress  or  public  exigency,  pro- 
vide for  control  and  regulation  of  the  distribution,  storage  and 
sale  of  food  and  other  common  necessaries  of  life." 

Mr.  Cusick  of  Boston  moved  that  the  amendment  recom- 
mended by  the  committee  on  Form  and  Phraseology  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"During  times  of  war,  public  emergency  or  public  distress  the 
commonwealth  and  the  cities  and  towns  therein  shall  have  power 
to  take  by  right  of  eminent  domain  or  purchase,  and  to  sell  and 
distribute  food  and  the  common  necessaries  of  life  and  provide 
shelter  for  their  inhabitants  in  such  manner  as  the  general  court 
shall  determine." 

Mr.  Carr  of  Hopkinton  moved  that  the  amendment  recom- 
mended by  the  committee  on  Form  and  Phraseology  be  amended 
by  striking  out,  in  lines  4  and  5,  the  words  ",  during  time  of 
war,  public  exigency,  emergency  or  distress,". 

Mr.  Dutch  of  Winchester  moved  that  the  amendment  rec- 
ommended by  the  committee  on  Form  and  Phraseology  be 
amended  by  striking  out,  in  line  4,  the  word  "exigency,". 

Mr.  Luce  of  Waltham  moved  that  the  amendment  recom- 
mended by  the  committee  on  Form  and  Phraseology  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in 
place  thereof  the  following:  — 

"The  general  court  may  determine  what  is  a  public  use." 

Mr.  Lowe  of  Fitchburg  moved  that  the  amendment  recom- 
mended by  the  committee  on  Form  and  Phraseology  be  amended 
by  inserting  in  line  3,  after  the  word  "maintenance",  the  word 
",  production". 


-WEDNESDAY,  OCTOBER  10,   1917.  319 

Mr.  Willett  of  Norwood  moved  that  the  amendment  recom-  Mr.  wniett,  — 
mended  by  the  committee  on  Form  and  Phraseology  be  amended  amendment- 
by  inserting  in  line  3,  at  the  beginning  of  the  article  of  amend- 
ment, the  words   "The  material  welfare  of  the  people  depends 
upon  the  encouragement  of  individual  initiative  in  developing  the 
economic  resources  of  the  commonwealth  and  upon  fostering  the 
industries  and  enterprises  of  the  people." 

After  further  debate  Mr.  Sawyer  of  Ware  moved  the  previous  Previous 
question.  question- 

Pending  the  question  on  the  motion  of  Mr.  Sawyer  the  follow- 
ing amendments  were  received,  there  being  no  objection:  — 

Mr.  O'Connell  of  Boston  moved  that  the  amendment  recom-  Mr.  O'Conneii, 
mended  by  the  committee  on  Form  and  Phraseology  be  amended  ~  *™™d™*ia- 
as  follows:  — 

By  inserting  in  line  5,  after  the  word  "  distress  ",  the  words 
",  to  be  determined  by  the  legislature";  and 

By  striking  out,  in  lines  6  and  7,  the  words  "are  public  func- 
tions", and  inserting  in  place  thereof  the  words  "may  be  con- 
sidered to  be  public  functions  when  so  determined  by  the  legis- 
lature". 

Mr.   McLaud  of  Greenfield  moved  that  the  amendment  rec- Mr.  McLaud, 
ommended    by   the    committee   on    Form    and    Phraseology    be  ~~ amendments- 
amended  as  follows :  — 

By  striking  out,  in  line  3,  the  words  "at  reasonable  rates"; 
and 

By  inserting  in  line  8,  after  the  word  "take",  the  words 
",  paying  reasonable  compensation  therefor,". 

Mr.    Blackmur   of   Quincy   moved   that   the   amendment   rec-  Mr.  Biackmur, 
ommended    by    the    committee    on    Form    and    Phraseology    be  ~~ amendment- 
amended  by  inserting  in  line  3,  after  the  word  "maintenance", 
the  word  ",  preservation". 

Mr.  Balch  of  Boston  moved  that  the  amendment  recommended 
by  the  committee  on  Form  and  Phraseology  be  amended  as 
follows :  — 

By  striking  out,  in  line  4,  the  comma  after  the  word  "war", 
and  inserting  in  place  thereof  the  word  "or"; 

By  striking  out,  in  the  same  line,  the  word  "exigency,"; 

By  striking  out,  in  lines  4  and  5,  the  words  "or  distress";   and 

By  adding  at  the  end  thereof  the  words  ",  during  such  time 
as  the  general  court  may  adjudge  that  war  or  public  emergency 
exists". 

Mr.   French   of   Randolph   then   moved   that  the   Convention  Adjournment. 
adjourn;    and  this  motion  was  adopted,  by  a  vote  of  108  to  53. 

Accordingly,  at  two  minutes  after  four  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


320 


.  JOURNAL  OF  THE  CONVENTION, 


Referendum 
on  discharging 
the  Conven- 
tion. 


Reports  of  the 
committee  on 
Form  and 
Phraseology, 
—  details. 


Submission  of 
amendments 
at  a  special 
election. 


Quorum. 


THURSDAY,  October  11,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Earl  M.  Wilbur,  D.D.,  President 
of  the  Pacific  Unitarian  School  for  the  Ministry,  Berkeley, 
Cailfornia. 

Discharge  of  the  Convention  —  Referendum. 

Mr.  George  of  Haverhill  moved  that  the  Secretary  of  the 
Commonwealth  be  directed  to  place  on  the  ballot  at  the  coming 
state  election,  Tuesday,  November  6,  the  following  question:  — 

"Shall  the  Constitutional  Convention  be  discharged  from  the 
further  consideration  of  amending  the  Constitution?" 

On  further  motion  of  the  same  member  the  consideration  of 
the  motion  was  postponed  until  Tuesday  next,  first  in  the  Orders 
of  the  Day. 

Committee  on  Form  and  Phraseology  —  Form  of  Reports. 

The  consideration  of  the  following  order,  offered  by  Mr.  Wash- 
burn  of  Middleborough,  was  postponed  until  the  next  session, 
at  the  request  of  that  member:  — 

Ordered,  That  the  committee  on  Form  and  Phraseology  be  re- 
quested, in  reporting  upon  proposals  to  amend  the  Constitution 
referred  to  it,  to  report  in  detail  any  and  all  alterations  in  punc- 
tuation and  phraseology  which  have  to  do  only  with  the  question 
of  form;  and,  further,  to  report  separately  and  in  detail  any  and 
all  amendments  making  any  change  in  the  sense  or  legal  effect 
or  any  material  change  in  the  construction  of  such  proposals. 

Submission  of  Amendments  at  a  Special  Election. 

Mr.  Brackett  of  Arlington  offered  the  following  order:  - 

Ordered,  That  all  proposals  to  amend  the  Constitution  which 
the  Convention  has  voted  or  may  hereafter,  prior  to  January  1, 
1918,  vote  to  submit  to  the  people  be  submitted  at  a  special 
election  to  be  held  in  April,  1918. 

The  same  member  moved  that  the  order  be  referred  to  the 
committee  on  Rules  and  Procedure. 

Mr.  Collins  of  Amesbury  doubted  the  presence  of  a  quorum, 
and  moved  that  the  roll  be  called  to  ascertain  if  a  quorum  was 
present.  This  motion  was  negatived. 

A  count  of  the  Convention  then  showed  that  151  members 
were  present.  The  President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  motion  of  Mr.  Brackett 
was  adopted;  and  accordingly  the  order  was  referred  to  said  com- 
mittee. 


THURSDAY,  OCTOBER  11,  1917. 


321 


Information  for  the  Voters. 

Mr.  Garland  of  Somerville,  for  the  committee  on  Amendment 
and  Codification  of  the  Constitution,  who  were  directed,  by  an 
order  offered  by  Mr.  Garland  and  adopted  on  June  20,  to  con- 
sider  the  advisability  of  causing  to  be  prepared,  printed  and 
mailed  to  the  voters  of  the  Commonwealth  before  the  state 
election  information  relative  to  proposed  amendments  to,  and 
codification  of,  the  Constitution,  reported,  in  part,  that  it  is  in- 
expedient to  take  any  such  action  with  respect  to  the  amend- 
ments which  are  to  be  placed  on  the  ballot  for  the  state  election 
in  the  present  year. 

The  report  was  read;   and  after  debate  it  was  accepted. 


Orders  of  the  Day. 

The  Contention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  authorize  the  enactment  of  laws  governing  Necessities 
the  acquirement,  sale  and  distribution  of  the  necessities  of  life  acqufrement, 
(Doc.  No.  361),  being  the  unfinished  business  of  the  last  session,  5*1!*""*. 

•j         j   £      j.i-  i-    •  •         •*          distribution. 

was  considered  lurtner,  the  mam  question  being  on  passing  it  to 
be  engrossed. 

After  debate  the  pending  motion  for  the  previous  question  was 
negatived,  by  a  vote  of  73  to  100. 

After  further  debate   Mr.   Sawyer  of  Ware  moved  that  the  Postponement. 
further  consideration  of  the  resolution  be  postponed  until  after 
the  disposition  of  the  succeeding  matter  in  the  Orders  of  the  Day. 
After  debate  the  question  was  put  on  the  motion  of  Mr.  Sawyer, 
and  101  members  voted  in  the  affirmative  and  64  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Thompson  of  Haverhill;  and  on  the  roll  call 
147  members  voted  in  the  affirmative  and  82  in  the  negative,  as 
follows  :  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Begley,  John  S. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Bowen,  Patrick 


Messrs.  Boyer,  Elmer  E. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bruce,  Charles 
Buck,  Maurice  A. 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Coleman,  George  W. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 


322 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Curtiss,  Elmer  L. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Day,  Charles  M. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Ferrey,  Irving  D. 
Fisher,  Edward 
Flaherty,  William 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
McCormack,  John  W. 

Messrs.  Aylward,  James  F. 
Bailey,  Charles  O. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Boucher,  Joseph  Zoel 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Burns,  William  A. 


Messrs.  McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Montague,  David  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Whitehead,  James 
Willett,  George  Franklin 
Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Buttrick,  Allan  G. 

Churchill,  George  B. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 


THURSDAY,  OCTOBER  11,   1917.  323 

Messrs.  Dale,  George  H.  Messrs.  Love,  Joseph  A. 

Delaney,  Louis  F.  Lowe,  Arthur  H. 

Delano,  Robert  T.  Lowell,  James  A. 

Dellinger,  Raymond  P.  MacMaster,  Edward  A. 

Donoghue,  John  A.  Mansfield,  John  J. 

Farnsworth,  Frank  S.  McAnarney,  John  W. 

Feiker,  William  H.  Moran,  William 

Ferry,  James  R.  Morton,  James  M. 

Finn,  E.  Philip  Pillsbury,  Albert  E. 

Fitz-Randolph,  Reginald  T.  Putnam,  Harry  B. 

Foss,  George  H.  Ray,  Herbert  L. 

Frost,  Archie  N.  Ross,  Samuel 

George,  Samuel  W.  Saunders,  Amos  T. 

Giddings,  Charles  Shattuck,  Josiah  B. 

Granfield,  William  J.  Shea,  John  T. 

Hall,  Elisha  S.  Sullivan,  Edmund  G. 

Harding,  Clarence  W.  Tatman,  Charles  T. 

Harriman,  Arthur  N.  Thompson,  Hubert  C. 

Harrington,  Patrick  H.  Thompson,  John  L. 

Hibbard,  Charles  E.  Tilton,  Rufus  H. 

Horgan,  Francis  J.  Turner,  Joseph 

Jones,  George  R.  Underbill,  Charles  L. 

Kelley,  George  W.  Walker,  George 

Kelley,  Thomas  R.  Wellman,  Arthur  Holbrook 

Kelly,  Luke  L.  White,  John  A. 

Kenefick,  Thomas  W.  Whittier,  Eugene  P. 

Leboeuf,  Telesphore  Williams,  Fred  Homer 

Leonard,  Joseph  J.  Winslow,  Guy  M. 

Look,  William  J.  Youngman,  William  S. 

147  yeas;    82  nays. 

Therefore  the  motion  for  postponement  was  adopted. 

The  following  order  was  then  considered :  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con-  Public  funds,  — 
stitution  of  the  Commonwealth,  which  has  been  made  and  appr°priations- 
adopted  by  this  Convention,  and  which  shall  be  numbered  two, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  prepared 
and  transmitted  by  the  Secretary  of  the  Commonwealth  to  all 
polling  places  established  by  law  within  the  Commonwealth  for 
the  state  election  to  be  held  on  the  sixth  day  of  November  next, 
at  which  said  places  all  persons  qualified  to  vote  for  state  officers 
may  give  in  their  vote  by  ballot  for  or  against  said  Article  of 
Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

In  place  of  Article  18  of  the  Articles  of  Amendment  of  the 
Constitution,  shall  the  following  Article  of  Amendment  relative 
to  appropriations  for  educational  and  benevolent  purposes,  sub- 
mitted by  the  Constitutional  Convention,  be  approved  and 
ratified?  2 

ARTICLE    OF   AMENDMENT. 

ARTICLE  XVIII.      SECTION  1.      No   law   shall    be 
passed  prohibiting  the  free  exercise  of  religion. 

SECTION  2.  All  moneys  raised  by  taxation  in  the  towns  and 
cities  for  the  support  of  public  schools,  and  all  moneys  which 


324  JOURNAL  OF  THE  CONVENTION, 

may  be  appropriated  by  the  Commonwealth  for  the  support  of 
common  schools  shall  be  applied  to,  and  expended  in,  no  other 
schools  than  those  which  are  conducted  according  to  law,  under 
the  order  and  superintendence  of  the  authorities  of  the  town  or 
city  in  which  the  money  is  expended;  and  no  grant,  appropria- 
tion or  use  of  public  money  or  property  or  loan  of  public  credit 
shall  be  made  or  authorized  by  the  Commonwealth  or  any  polit- 
ical division  thereof  for  the  purpose  of  founding,  maintaining  or 
aiding  any  school  or  institution  of  learning,  whether  under  public 
control  or  otherwise,  wherein  any  denominational  doctrine  is 
inculcated,  or  any  other  school,  or  any  college,  infirmary,  hos- 
pital, institution,  or  educational,  charitable  or  religious  under- 
taking which  is  not  publicly  owned  and  under  the  exclusive 
control,  order  and  superintendence  of  public  officers  or  public 
agents  authorized  by  the  commonwealth  or  federal  authority 
or  both,  except  that  appropriations  may  be  made  for  the  main- 
tenance and  support  of  the  Soldiers'  Home  in  Massachusetts  and 
for;  free  public  libraries  in  any  city  or  town,  and  to  carry  out 
legal  obligations,  if  any,  already  entered  into;  and  no  such  grant, 
appropriation  or  use  of  public  money  or  property  or  loan  of 
public  credit  shall  be  made  or  authorized  for  the  purpose  of 
founding,  maintaining  or  aiding  any  church,  religious  denomina- 
tion or  society. 

SECTION  3.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  Commonwealth,  or  any  political  division  thereof, 
from  paying  to  privately  controlled  hospitals,  infirmaries,  or 
institutions  for  the  deaf,  dumb  or  blind  not  more  than  the  ordi- 
nary and  reasonable  compensation  for  care  or  support  actually 
rendered  or  furnished  by  such  hospitals,  infirmaries  or  institu- 
tions to  such  persons  as  may  be  in  whole  or  in  part  unable  to 
support  or  care  for  themselves. 

SECTION  4.  Nothing  herein  contained  shall  be  construed  to 
deprive  any  inmate  of  a  publicly  controlled  reformatory,  penal 
or  charitable  institution  of  the  opportunity  of  religious  exercises 
therein  of  his  own  faith;  but  no  inmate  of  such  institution  shall 
be  compelled  to  attend  religious  services  or  receive  religious  in- 
struction against  his  will,  or,  if  a  minor,  without  the  consent  of 
his  parent  or  guardian. 

SECTION  5.  This  amendment  shall  not  take  effect  until  the 
October  first  next  succeeding  its  ratification  and  adoption  by  the 
people." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  .shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 


THURSDAY,  OCTOBER  11,  1917.  325 

secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

Mr.  Anderson  of  Newton  moved  that,  unless  a  vote  be  sooner  Closing  of 
reached,  debate  be  closed  at  12.45  o'clock,  and  that  speeches  be  debate> 
limited   to   five   minutes   each.      After   debate   this   motion   was 
adopted,  by  a  vote  of  138  to  33. 

Mr.  Washburn  of  Worcester  moved  that  the  order  be  amended 
by  striking  out  the  paragraph  preceding  the  article  of  amend- 
ment, and  inserting  in  place  thereof  the  following:  — 

"In  place  of  Article  18  of  the  Articles  of  Amendment  of  the 
Constitution  shall  the  following  Article  of  Amendment,  forbid- 
ding appropriations  for  denominational  and  other  educational  and 
benevolent  purposes,  submitted  by  the  Constitutional  Conven- 
tion, be  approved  and  ratified?" 

Mr.   Clapp  of  Lexington  moved  that  the  amendment  moved  Mr-  ciapp,  — 
by  Mr.  Washburn  be  amended  by  striking  out  the  words  "  de-  al 
nominational  and  other  educational  and  benevolent  purposes", 
and  inserting  in  place  thereof  the  words   "privately  controlled 
educational  and  other  institutions". 

After  debate   Mr.   Bartlett  of  Newburyport  moved  that  the  Mr.  Bartlett,— 
order  be  amended  by  inserting  in  the  paragraph  preceding  the  amendment- 
article  of  amendment,  after  the  word  "Convention",  the  words 
"being  the  so-called  Anti-Aid  and  Anti-Sectarian  Amendment". 

Mr.  Costello  of  Boston  moved  that  the  order  be  amended  by  Mr.  Costello,  — 
transposing  the  square  containing  the  words  "Yes"  and  "No"  amendment- 
and  spaces  for  voting  from  the  place  where  it  now  appears,  op- 
posite section  1  of  the  article  of  amendment,  to  a  place  at  the 
end  of  section  5  of  the  article  of  amendment. 

After  further  debate  Mr.  Brown  of  Brockton  moved  that  the 
vote  be  reconsidered  by  which  the  Convention  voted  to  close 
debate  at  12.45  o'clock;  and  this  motion  was  negatived. 

Mr.  Bates  of  Boston  moved  that  the  amendment  moved  by  Mr.  Bates,— 
Mr.  Bartlett  be  amended  by  striking  out  the  words  "and  Anti-  amendment- 
Sectarian". 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  amendment  Mr.  Curtis,— 
moved  by  Mr.  Costello  be  amended  by  striking  out  the  words  amendment- 
"at  the  end  of  section  5  of  the  article  of  amendment",  and  in- 
serting in  place  thereof  the  words  "opposite  the  paragraph  next 
preceding". 

Mr.  Anderson  of  Newton  moved  that  the  order  be  amended  by  Mr.  Anderson, 
striking  out  the  paragraph  preceding  the  article  of  amendment,  ~~ amendment- 
and  inserting  in  place  thereof  the  following:  — 

"  Shall  the  following  Article  of  Amendment,  preventing  the  use 
of  public  funds  for  any  but  publicly  controlled  schools  and  in- 
stitutions, submitted  by  the  Constitutional  Convention,  be  ap- 
proved and  ratified?" 

The  time  for   debate  having  expired,  the  amendments  moved  Amendments 
by  Messrs.  Bates  and  Bartlett  were  rejected. 


326 


JOURNAL  OF  THE  CONVENTION, 


Amendments 
adopted. 


Recess. 


Quorum. 


Motion  to 
reconsider. 


Amendments  The  amendment  moved  by  Mr.  Clapp  was  rejected,  by  a  vote 
of  70  to  104. 

The  amendment  moved  by  Mr.  Washburn  was  rejected,  by  a 
vote  of  53  to  156. 

The  amendment  moved  by  Mr.  Anderson  was  rejected,  by  a 
vote  of  67  to  114. 

The  amendment  moved  by  Mr.  Curtis  was  adopted;  and  the 
amendment  moved  by  Mr.  Costello,  as  amended,  was  adopted. 

Mr.  Aylward  of  Cambridge  then  moved  that  the  Convention 
adjourn;  and  this  motion  was  negatived. 

Mr.  McAnarney  of  Quincy  moved  that  the  Convention  take 
a  recess  until  two  o'clock;  and  this  motion  was  negatived. 

The  order,  as  amended,  was  then  adopted. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

The  Secretary  announced  the  temporary  absence  of  the  Pres- 
ident, and  stated  that  Mr.  Luce  of  Waltham  had  been  appointed 
to  perform  the  duties  of  the  Chair. 

Mr.  Hobbs  of  Worcester  doubted  the  presence  of  a  quorum, 
and  moved  that  the  Sergeant-at-Arms  be  instructed  to  secure 
the  attendance  of  a  quorum;  and  this  motion  prevailed. 

On  the  appearance  of  a  quorum  Mr.  Mansfield  of  Boston  gave 
notice  that,  on  Tuesday  next,  he  would  move  to  reconsider  the 
vote  by  which  the  Convention  adopted  the  foregoing  order. 

Thereupon  Mr.  Mancovitz  of  Boston  moved  that  the  vote  be 
reconsidered  by  which  said  order  was  adopted;  and  this  motion, 
under  the  rule,  was  placed  first  in  the  Orders  of  the  Day  for  the 
next  session. 

The  same  member  moved  that  Rule  48  be  suspended,  that  the 
motion  to  reconsider  might  be  entertained  forthwith.  Objection 
was  made. 

Mr.  Pelletier  of  Boston  moved  that,  when  the  Convention  ad- 
journs to-day,  it  adjourn  to  meet  on  Saturday  next  at  half-past 
ten  o'clock  A.M. 

Mr.  Edwin  U.  Curtis  of  Boston  moved  that,  if  the  Convention 
is  in  session  at  four  o'clock  P.M.  to-day,  the  President  declare  an 
adjournment  until  4.15  o'clock,  and  that  the  subsequent  session 
be  considered  a  legislative  day. 

After  debate  the  same  member  moved  the  previous  question. 

Mr.  Brackett  of  Arlington  raised  the  point  of  order  that  the 
motion  for  an  additional  legislative  day  could  not  properly  be 
entertained,  being  a  violation  of  Rule  48. 

The  Chair  (Mr.  Luce  of  Waltham)  stated  that  legislative  prec- 
edents in  the  matter  of  establishing  legislative  days  should  pre- 
vail, and  declared  the  point  of  order  not  well  taken. 

The  previous  question  was  then  ordered,  and  the  motion  of 
Mr.  Curtis  was  adopted. 

The  Resolution  to  authorize  the  enactment  of  laws  governing 
ment,  sale 'and  the  acquirement,  sale  and  distribution  of  the  necessities  of  life 
distribution.  (DQC  NQ  361)  wag  then  considered  further. 


Adjournment 
until  4.15 
o'clock. 


Point  of 
order. 


Necessities  of 
life,  —  acquire- 


THURSDAY,  OCTOBER  11,  1917.  327 


Mr.  Hobbs  of  Worcester  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment,  and  inserting  in  place 
thereof  the  following:  — 

"SECTION  1.  Whenever  the  public  exigencies  require,  pro- 
vision may  be  made  by  law  to  authorize  the  commonwealth  to 
contract  for  or  to  take  by  purchase  or  otherwise  foodstuffs, 
feeds,  fuel,  ice  and  other  necessaries  of  life,  paying  reasonable 
compensation  therefor,  and  to  sell  the  same  to  the  inhabitants 
thereof  and  to  any  county,  city,  town  or  other  municipal  cor- 
poration therein  for  resale  to  the  inhabitants  thereof,  also  to 
provide  temporary  shelter.  The  governor,  with  the  approval 
of  the  council,  if  the  legislature  is  not  in  session,  may,  until 
otherwise  provided  by  law,  exercise  the  powers  hereby  granted. 

SECTION  2.  Provision  may  be  made  by  law  to  authorize  mu- 
nicipalities to  harvest,  to  manufacture  and  to  sell  ice;  and  to 
provide  for  the  establishment,  maintenance  and  operation  by 
the  commonwealth  and  by  cities  and  towns  of  markets,  docks, 
fuel  and  coal  yards,  elevators,  warehouses,  canneries,  slaughter 
houses,  cold  storage  plants  and  other  like  means  for  collecting 
and  converting,  preserving,  storing,  selling  and  distributing  the 
necessaries  of  life.  The  use  of  uniform  methods  of  accounting 
throughout  the  commonwealth  shall  be  provided  for  by  law  for 
any  undertakings  under  the  authority  of  this  section." 

After  debate  Mr.  Hobbs  doubted  the  presence  of  a  quorum.  Quorum. 
A   count    of   the    Convention   showed    that    107    members    were 
present.     On  motion  of  the  same  member  the  Sergeant-at-Arms 
was  instructed  to  secure  the  attendance  of  a  quorum. 

Mr.  Quinn  of  Sharon  then  moved  that  the  roll  be  called,  to  as- 
certain if  a  quorum  was  present;  and  this  motion  was  negatived, 
by  a  vote  of  42  to  79. 

Mr.  Saunders  of  Clinton  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived. 

On  the  appearance  of  a  quorum  (the  President  having  taken 
the  chair)  Mr.  Dutch  of  Winchester  moved  the  previous  ques- 
tion. 

After  further  debate  Mr.  Clark  of  Brockton,  there  being  no  Mr.  ciark,— 
objection,  modified  the  amendment  previously  moved  by  him  amendment- 
so  as  to  read  as  follows:  That  the  amendment  recommended  by 
the  committee  on  Form  and  Phraseology  be  amended  by  adding 
at  the  end  thereof  the  words  "The  legislature  may,  during  times 
of  war,  emergency,  distress  or  public  exigency,  provide*  for  control 
and  regulation  of  the  distribution,  storage  and  sale  of  food  and 
other  common  necessaries  of  life.  The  legislature  shall  have  the 
sole  and  full  power  to  determine  when  a  state  of  war  and  emer- 
gency, a  condition  of  distress  or  exigency,  as  contemplated  in  this 
article  of  amendment,  exists." 

After  further  debate  the  previous  question  was  ordered,  by  a  previous 

VOte  Of  112  tO  53.  question. 

The  amendments  previously  moved  by  Messrs.  Willett  of 
Norwood,  Lowe  of  Fitchburg  and  Blackmur  of  Quincy  were 
severally  rejected. 

The  amendment  previously  moved  by  Mr.  Dutch  of  Winches- 
ter was  rejected,  by  a  vote  of  83  to  104. 


JOURNAL   OF  THE   CONVENTION, 


The  amendment  previously  moved  by  Mr.  Carr  of  Hopkinton 
was  withdrawn  by  him,  there  being  no  objection. 

The  amendments  previously  moved  by  Mr.  Balch  of  Boston 
were  rejected. 

The  amendments  previously  moved  by  Mr.  O'Connell  of  Bos- 
ton were  rejected,  by  a  vote  of  63  to  98. 

The  amendments  previously  moved  by  Mr.  McLaud  of  Green- 
field, the  amendment  moved  by  Mr.  Clark  of  Brockton,  and  the 
amendments  previously  moved  by  Messrs.  Pillsbury  of  Wellesley, 
Cusick  of  Boston  and  Luce  of  Waltham  were  severally  rejected. 

The  question  was  put  on  the  amendment  moved  by  Mr.  Hobbs 
of  Worcester,  and  81  members  voted  in  the  affirmative  and  108 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Anderson  of  Brookline;  and  on  the  roll  call 
92  members  voted  in  the  affirmative  and  132  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Brown,  E.  Gerry 
Butler,  A.  Webster 
CaUahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Fitz-Randolph,  Reginald  T. 
Frost,  Archie  N. 
Good,  John  P. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 


Messrs.  Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Love,  Joseph  A. 
Luce,  Robert 
Lynch,  John  C. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Moran,  William 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Myron,  John  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Turner,  Joseph 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 


THURSDAY,  OCTOBER  11,   1917. 


329 


Messrs.  Walsh,  David  I. 

Webster,  George  P. 
Whitehead,  James 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bos  worth.  Henry  H. 
Bouve",  Walter  L. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Flaherty,  William 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
,    French,  Asa  P. 
Garland,  Francis  P. 
Gartland,  John  J. 


Messrs.  Willett,  George  Franklin 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 

NAYS. 

Messrs.  Gates,  Joseph  S. 

George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Lane,  Daniel  W. 
Leboeuf,  Telesphore 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  John 
Montague,  David  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 


330 


JOURNAL  OF  THE  CONVENTION, 


Substitute 
resolution. 


Messrs.  Underbill,  Charles  L.  Messrs.  Whittier,  Eugene  P. 

Walcott,  Robert  Williams,  Fred  Homer 

Washburn,  Albert  H.  Wilson,  William  H. 

Wellman,  Arthur  Holbrook  Wing,  Herbert 

White,  John  A.  Wood,  Charles  J. 

92  yeas;  132  nays. 

Therefore  the  amendment  of  Mr.  Hobbs  was  also  rejected. 

The  amendment  previously  recommended  by  the  committee 
on  Form  and  Phraseology  (see  Doc.  No.  363)  was  then  adopted, 
by  a  vote  of  138  to  47. 

The  resolution,  as  thus  amended,  was  then  passed  to  be  en- 
grossed. 


At  twenty-seven  minutes  after  four  o'clock  the  President  de- 
clared the  Convention  adjourned,  to  meet  again  at  once,  as  pro- 
vided in  a  foregoing  motion. 


Committee 


Necessaries 
of  life,  — 
acquirement, 
sale  and 
distribution. 


Herbert  E. 
Cummings,  — 
expression  of 
sympathy. 


George  W. 
Coleman. 


Joseph  L. 
Sweet. 


SECOND  SESSION. 
Met  according  to  adjournment. 

Committees  Authorized  to  Sit. 

Mr.  Luce  of  Waltham  moved  that  Rule  30  be  suspended,  that 
the  committee  on  Rules  and  Procedure  and  the  committee  on 
Amendment  and  Codification  of  the  Constitution,  sitting  jointly, 
might  meet  immediately;  and  this  motion  prevailed. 

Motion  to  Reconsider. 

Mr.  Lomasney  of  Boston  moved  that  the  vote  be  reconsidered 
by  which  the  Convention,  at  the  previous  session,  passed  to  be 
engrossed  the  Resolution  to  authorize  the  enactment  of  laws 
governing  the  acquirement,  sale  and  distribution  of  the  necessa- 
ries of  life  (Dec.  No.  363);  and  this  motion  was  negatived. 

Expression  of  Sympathy  to  Delegate  Herbert  E.  Cummings. 

The  following  resolution,  presented  by  Mr.  Hale  of  Boston, 
was  unanimously  adopted :  - 

Resolved,  That  the  Convention  hereby  extends  its  sympathy  to 
Delegate  Herbert  E.  Cummings  of  North  Brookfield  in  his  con- 
tinued illness,  and  expresses  the  hope  that  he  will  be  able  again 
to  attend  the  sessions  of  this  body. 

Leave  of  Absence. 

On  motion  of  Mr.  Dean  of  Fall  River,  — 

Ordered,  That  Mr.  Coleman  of  Boston  be  granted  leave  of 
absence,  under  Rule  13,  for  one  week  beginning  October  15,  to 
fulfill  engagements  in  the  West  in  connection  with  war  work. 

On  motion  of  Mr.  Sweeney  of  Attleboro,  — 

Ordered,  That  Mr.  Sweet  of  Attleboro  be  granted  leave  of 
absence,  under  Rule  13,  from  October  16  to  October  19,  in- 
clusive, on  account  of  important  duties  as  a  trustee. 


THURSDAY,  OCTOBER  11,  1917.  331 

On  motion  of  Mr.  Skerrett  of  Worcester,  — 

Ordered,  That  Mr.   Larson  of  Worcester  be  granted  leave  of 

absence,  under  Rule  13,  for  two  weeks,  on  account  of  important 

business  engagements. 

Committee  on  Form  and  Phraseology  —  Form  of  Reports. 

The  order  offered  at  the  previous  session  by  Mr.  Washburn  of 
Middleborough,  requesting  the  committee  on  Form  and  Phrase-  Form  and 
ology  to  report  in  detail  upon  proposals  to  amend  the  Constitu-  — ^etaib.55'' 
tion  referred  to  it,  the  consideration  of  which  was  postponed  from 
the  last  session,  was  considered. 

On  motion  of  Mr.  Washburn  the  further  consideration  of  the 
order  was  postponed  until  Tuesday  next. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Mancovitz  of  Boston,  that  the  vote  be  re-  Public  funds, 
considered  by  which  the  Convention,   at  the  preceding  session,  ti"0nspr°pna" 
adopted  the  order  relative  to  the  form  in  which  the  Resolution  rela- 
tive to  the  support  of  certain  institutions  from  public  funds  should 
be  placed  on  the  ballot  at  the  coming  state  election,  was  negatived. 

The  Resolution  relative  to  universities  and  colleges  and  to  the  Universities 
encouragement  of  literature   (Doc.   No.   362)   was  read  a  third  S^SlJSSSnt 
time  and  considered.  of  literature. 

Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and  Phrase-  Committee  on 
ology,  reported  recommending  that  the  resolution  be  amended  pjSjyjJoey  — 
by  striking  out  the  article  of  amendment,  and  inserting  in  place  amendment.' 
thereof  the  following:  • — 

"  The  general  court  shall  continue  to  have  the  power  to  exempt 
from  taxation  property  used  for  charitable,  benevolent,  literary, 
educational,  scientific  or  religious  purposes." 

After  debate  the  amendment  was  rejected;  and  the  Conven- 
tion then  refused  to  pass  the  resolution  to  be  engrossed. 

Recess. 

At  twelve  minutes  before  five  o'clock,  on  motign  of  Mr.  Luce  Recess, 
of  Waltham,  a  recess  was  taken  until  half-past  five  o'clock;  at 
which  hour  the  Convention  reassembled. 

Engrossed  Resolution. 

The  engrossed  Resolution  to  authorize  the  enactment  of  laws  Necessaries 
governing  the  acquirement,  sale  and  distribution  of  the  necessa-  acquirement 
ries  of  life  (see  Doc.  No.  363)  was  laid  before  the  Convention,  the  s,aieand 

i      •  i        ....          ,1  ,!  distribution. 

question  being  on  submitting  the  same  to  the  people. 

Mr.  Dresser  of  Worcester  moved  that  Rule  53  be^uspended,  that  Rule  53 
the  resolution  might  be  amended;  and  this  motion  prevailed.  suspended. 

The  same  member  moved  that  the  resolution  be  amended  as  Mr.  Dresser,  — 

follows :  amendments. 

By  striking  out,  in  line  7  (as  printed),  the  words  "it  shall  be 
the  duty  of"; 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Dresser, 

—  amendments. 


By  striking  out,  in  line  8,  the  word  "of";  and 

By  striking  out,  in  the  same  line,  the  word  "to",  in  both 
places  where  it  occurs,  and  inserting  in  place  thereof,  in  each  in- 
stance, the  word  "may". 

After  debate  the  amendments  were  adopted,  by  a  vote  of  104 
to  28. 

After  further  debate  the  Convention  voted  to  submit  the 
resolution,  as  amended,  to  the  people. 

Placing  on  the   Ballot  the  Article  of  Amendment  Relative  to  the 
Necessaries  of  Life. 

Mr.  Washburn  of  Middleborough,  for  the  committee  on  Rules 
and  Procedure  and  the  committee  on  Amendment  and  Codifica- 
tion of  the  Constitution,  sitting  jointly,  who  were  requested  to 
report  an  order  directing  the  manner  in  which  the  several  pro- 
posals to  amend  the  Constitution,  duly  passed  by  the  Conven- 
tion, shall  be  submitted  to  the  people  for  their  ratification  and 
adoption  at  the  regular  state  election  to  be  held  on  November  6 
next,  —  reported,  in  part,  recommending  the  adoption  of  the 
following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  three, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  sixth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Shall  the  following  Article  of  Amendment  rela- 
tive to  the  taking  and  distribution  by  the  Common- 
wealth and  its  municipalities  of  the  common  neces- 
saries of  life/  submitted  by  the  Constitutional 
Convention,  be  approved  and  ratified? 

ARTICLE    OF   AMENDMENT. 

The  maintenance  and  distribution  at  reasonable  rates,  during 
time  of  war,  public  exigency,  emergency  or  distress,  of  a  suffi- 
cient supply  of  food  and  other  common  necessaries  of  life  and 
the  providing  of  shelter,  are  public  functions,  and  the  Common- 
wealth and  the  cities  and  towns  therein  may  take  and  may 
provide  the  safne  for  their  inhabitants  in  such  manner  as  the 
general  court  shall  determine. 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 


YES. 

NO. 

THURSDAY,  OCTOBER  11,  1917.  333 

amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

The  report  and  the  order  were  read.  The  order  was  consid- 
ered forthwith,  and  was  adopted. 

Sense  of  the  Convention  on  the  Resolution  Relative  to  the  Necessaries 

of  Life. 

Mr.  Balch  of  Boston  presented  the  following  resolution:  — 
Resolved,   That  it   is   the   sense   of   this   Convention   that   the  Necessaries 
article  of  amendment  authorizing  the  enactment  of  laws  govern-  acquirement, 
ing  the  acquirement,  sale  and  distribution  of  the  necessaries  of  S*1®*™1.. 

,.,e  •    ^         i     i    <•  i  i  distribution. 

lire,  was  intended  tor  emergency  use  only,  to  wit,  in  abnormal 
times  or  circumstances;  and  that  it  was  intended  the  Legis- 
lature should  be  the  sole  judge  of  the  existence  of  such  times  or 
circumstances. 

After  debate  Mr.  Lomasney  of  Boston  moved  that  the  resolu- 
tion be  laid  upon  the  table;  and  this  motion  prevailed. 


At  two  minutes  before  six  o'clock,  on  motion  of  Mr.  Wash- 
burn  of  Middleborough,  the  Convention  adjourned,  to  meet  on 
Tuesday  next  at  half-past  ten  o'clock  A.M. 


334 


JOURNAL  OF  THE  CONVENTION, 


TUESDAY,  October  16,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Charles  S. 
Bird,  Jr. 


Committee  Vacancy  Filled. 

The  President  announced  the  appointment  of  Mr.  Bird  of 
Walpole  to  fill  the  vacancy  in  the  membership  of  the  committee 
on  Contingent  Expenses  and  Pay-Roll. 


Reports  of 
committees, 
extension  of 
time. 


Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Doran  of  New  Bedford,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday, 
October  23,  in  which  to  report  on  matters  before  them. 


John  L. 
Kilbon. 


Adjournment 
after  final 
action  on  the 
initiative  and 
referendum. 


Leave  of  Absence. 

On  motion  of  Mr.  White  of  North  Brookfield,  - 
Voted,   That   Mr.    Kilbon   of   Springfield   be   granted   leave   of 
absence,  under  Rule  13,   on  account  of  urgent  professional  en- 
gagements. 

Adjournment  until  June,  1918. 

The  consideration  of  the  following  order,  offered  by  Mr.  Besse 
of  Newburyport,  was  postponed  until  the  next  session,  at  the 
request  of  Mr.  Washburn  of  Middleborough:  — 

Ordered,  That,  after  the  final  disposition  of  the  amendments 
that  are  to  go  on  the  ballot  this  year,  nothing  be  considered  but 
the  initiative  and  referendum;  and  that,  after  this  amendment 
has  been  finally  acted  upon,  the  Convention  adjourn  until  the 
first  Tuesday  of  June,  1918. 


"Statutory 
Powers  and 
Duties  of  the 
Governor  and 
Council." 


Printing  of  a  Bulletin. 

Mr.  Quincy  of  Boston,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  order  providing  that  the 
bulletin  on  "Statutory  Powers  and  Duties  of  the  Governor  and 
Council",  prepared  by  the  commission  appointed  to  compile 
information  and  data 'for  the  Convention,  be  printed  as  a  Con- 
vention document,  —  reported  recommending  that  said  order  be 
adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted.  (For  bulletin  see  Doc.  No.  365.) 


TUESDAY,  OCTOBER  16,   1917.  335 


Further  Compensation  of  Members  and  Employees. 

The  consideration  of  the  following  order,  offered  by  Mr.  Members  and 
Quincy  of  Boston,  was  postponed  until  the  next  session,  at  the  SJfenwntio 
request  of  that  member:  —  tT0n°S?eilsa" 

Whereas,  Under  the  orders  heretofore  passed  by  the  Conven-  November. 
tion,  the  final  payment  of  salary  to  its  members  will  be  made  at 
the  end  of  the  month  of  October,  leaving  no  provision  for  pay- 
ment of  any  further  salary  thereafter;   and 

Whereas,  It  appears  impossible  for  the  Convention  to  take 
action  before  the  first  day  of  November  upon  the  170  reports  of 
its  committees  which  still  await  consideration,  23  of  such  reports 
recommending  the  adoption  of  amendments  to  the  Constitution, 
many  of  which  are  of  great  public  importance;  and 

Whereas,  It  is  claimed  that  many  members  of  the  Convention 
will  be  financially  unable  to  continue  their  attendance  after  the 
close  of  the  month  of  October,  unless  provision  is  made  for  a 
continuance  of  the  salaries  of  members  at  the  rate  of  one  hundred 
and  fifty  dollars  a  month  heretofore  paid,  and  all  members  of  the 
Convention  are  fairly  entitled  to  continue  to  receive  such  salary 
during  such  reasonable  time  as  may  be  necessary  to  enable  the 
Convention  to  finish  its  business;  and 

Whereas,  It  is  against  the  public  interest  that  the  Convention 
should  be  led  to  adjourn,  without  reaching  most  of  the  matters 
before  it,  through  the  financial  inability  of  many  of  its  members 
to  continue  their  attendance,  and  it  is  also  undesirable  that  the 
Convention  should  be  obliged  to  continue  its  work  with  many  of 
its  members  necessarily  absent;  therefore,  it  is  hereby 

Ordered,  (1)  That  members  of  the  Convention  shall  be  entitled 
to  be  paid  for  their  services  during  the  month  of  November,  if 
the  session  of  the  Convention  shall  extend  into  said  month,  at 
the  rate  of  one  hundred  and  fifty  dollars  for  the  whole  of  said 
month; 

(2)  That  the  committee  on  Contingent  Expenses  and  Pay-Roll 
be  instructed  to   make  up   and   certify  to   the   Auditor  of  the 
Commonwealth,  prior  to  the  end  of  the  month  of  November,  or 
at   such   earlier   date   in   said   month   as   the   Convention   may 
adjourn,  a  pay-roll  covering  the  amounts  payable  to  the  members 
of  the  Convention  under  this  order; 

(3)  That,   in   case   the   Treasurer  and   Receiver-General   shall 
deem  that  he  has  no  sufficient  authority  of  law  to  apply  any 
money  in  the  treasury  to  the  meeting  of  such  pay-roll,  then  the 
President  of  the  Convention  be  requested  to  petition  the  next 
General  Court,  on  behalf  of  the  Convention,  to  make  such  appro- 
priation as  may  be  necessary  for  the  meeting  of  such  pay-roll; 
and  be  it  further 

Ordered,  That  all  officers  and  employees  of  the  Convention 
shall  be  entitled  to  be  paid  for  their  services  for  the  month  of 
November,  or  for  such  portion  of  said  month  as  the  Convention 
may  remain  in  session,  compensation  on  the  per  diem  basis 
heretofore  fixed,  in  the  case  of  those  paid  per  diem,  or,  in  the 
case  of  officers  or  employees  paid  a  fixed  sum,  at  the  rate  of  one- 
fifth  of  such  sum  for  the  whole  month  of  November,  or  a  pro 


336 


JOURNAL  OF  THE  CONVENTION, 


rata  amount  for  any  portion  of  said  month  during  which  the 
Convention  may  remain  in  session;  that  the  said  committee 
make  up  and  certify  in  like  manner  a  pay-roll  covering  such  pay- 
ments; and  that,  if  such  pay-roll  is  not  met  by  the  Treasurer  and 
Receiver-General,  the  President  of  the  Convention  be  requested 
to  petition  the  next  General  Court  in  like  manner  to  make  such 
appropriation  as  may  be  necessary  for  meeting  such  pay-roll;  and 
be  it  further 

Ordered,  That  the  Convention,  in  the  exercise  of  the  powers 
vested  in  it,  hereby  declares  that  the  Commonwealth  is  legally 
liable  for  the  payment  of  the  amounts  which  may  become  due  in 
accordance  with  the  foregoing  orders  and  with  the  pay-rolls 
made  up  in  accordance  therewith. 


Public  funds, 
—  appropria- 
tions. 


Printing  of  a  Convention  Document. 

The  following  order,  offered  by  Mr.  Edwin  U.  Curtis  of  Boston, 
was  referred,  under  the  provisions  of  a  standing  order,  to  the 
committee  on  Rules  and  Procedure:  — 

Ordered,  That  the  report  of  the  committee  on  Rules  and  Pro- 
cedure and  the  committee  on  Amendment  and  Codification  of 
the  Constitution,  sitting  jointly,  providing  for  placing  on  the 
ballot  at  the  coming  state  election  the  Article  of  Amendment 
contained  in  the  Resolution  relative  to  the  support  of  certain 
institutions  from  public  funds  (Doc.  No.  348),  be  printed  as  a 
Convention  document. 


Referendum 
on  discharging 
the  Conven- 
tion. 


Reports  of  the 
committee  on 
Form  and 
Phraseology, 
—  details. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  motion  of  Mr.  George  of  Haverhill  was  con- 
sidered; and  after  debate  it  was  negatived:  - 

That  the  Secretary  of  the  Commonwealth  be  directed  to  place 
on  the  ballot  at  the  coming  state  election,  Tuesday,  November  6, 
the  following  question :  — 

"Shall  the  Constitutional  Convention  be  discharged  from  the 
further  consideration  of  amending  the  Constitution?" 

The  following  order  (offered  by  Mr.  Washburn  of  Middlebor- 
ough)  was  considered;  and  after  debate  it  was  adopted:  — 

Ordered,  That  the  committee  on  Form  and  Phraseology  be  re- 
quested, in  reporting  upon  proposals  to  amend  the  Constitution 
referred  to  it,  to  report  in  detail  any  and  all  alterations  in  punc- 
tuation and  phraseology  which  have  to  do  only  with  the  question 
of  form;  and,  further,  to  report  separately  and  in  detail  any  and 
all  amendments  making  any  change  in  the  sense  or  legal  effect 
or  any  material  change  in  the  construction  of  such  proposals. 


Initiative  and 
referendum. 


Taken  from  the  Table. 

On  motion  of  Mr.  Walker  of  Brookline  the  Resolution  to 
provide  for  establishing  the  initiative  and  referendum  (Doc.  No. 
359,  amended)  was  taken  from  the  table  and  considered,  the 
main  question  being  on  ordering  it  to  a  second  reading. 


TUESDAY,  OCTOBER  16,   1917.  337 

The  amendments  of  line  139,  previously  moved  by  Mr.  Walker  Mr.  Walker,— 
of   Brookline,   were   adopted,   as  follows:    Inserting  in  line   139,  al 
after  the  word  "law",  in  both  places  where  it  occurs,  the  words 
"or  part  thereof". 

Mr.  Luce  of  Waltham  then  moved  that  each  amendment  be  Limit  of 
debated  and  acted  upon  separately;   that  general  debate  on  each  d< 
amendment  be  limited  to  thirty  minutes,  and  that  speeches  be 
limited  to  five  minutes  each,  except  that  ten  minutes  be  allowed 
to  the  mover  of  the  amendment;    and  that  five  minutes  then  be 
allowed    to    a    member    of   the    minority    of   the    committee    on 
Initiative  and  Referendum  and  five  minutes  to  a  member  of  the 
majority  of  said  committee.     After  debate  this  motion  was  adopted. 

After  further  debate  the  amendments  previously  moved  by  Mr.  Mr.  Bryant,— 
Bryant  of  Milton  were  adopted,  by  a  vote  of  86  to  66,  as  fol-  amendments- 
lows:  — 

Striking  out,  in  line  8,  the  words  "or  any  part  thereof,"; 

Striking  out,  in  lines  141,  146,  148,  149,  150  and  151,  169,  171, 
172  and  174,  the  words  "or  part  thereof";  and 

Striking  out,  in  line  162,  the  words  "or  any  part  thereof". 

Mr.  Luce  then  moved  that  the  vote  be  reconsidered  by  which  Reconsidera- 
the  foregoing  amendments  of  line  139,  previously  moved  by  Mr.  tlon* 
Walker  of  Brookline,  were  adopted.    This  motion  prevailed;  and, 
on  the  recurring  question,  the  amendments  were  rejected. 

Mr.  Walker,  there  being  no  objection,  modified  the  remaining  Mr.  Walker,— 
amendments  previously  moved  by  him,  so  as  to  read  as  follows :  —  amendments. 

Inserting  after  the  word  "division",  in  line  181,  the  words  "or 
to  particular  districts  or  localities";  and 

Striking  out,  in  line  195,  the  words  "cause  each  question",  and 
inserting  in  place  thereof  the  words  "give  each  question  a 
number  and  cause  such  question". 

After  debate  these  amendments  were  adopted. 

Mr.  Walker  then  moved  that  the  resolution  be  amended  by  id. 
inserting  before  the  word  "town",  in  line  110  and  in  line  180, 
the  word  "particular";  and  these  amendments  were  adopted. 

Mr.  Richardson  of  Newton  moved  that  the  resolution  be  Mr.  Richardson, 
amended  by  inserting,  after  lines  13  to  47,  as  amended,  the  -amendment, 
following  paragraph,  with  the  heading  " Excluded  Matter":  — 

"No  part  of  the  constitution  which  provides  for  the  establish- 
ment of  the  popular  initiative  and  referendum  shall  be  the  subject 
of  an  initiative  petition." 

After  debate  the  question  was  put  on  this  amendment,  and  100 
members  voted  in  the  affirmative  and  103  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Churchill  of  Amherst;  and  on  the  roll  call 
107  members  voted  in  the  affirmative  and  119  in  the  negative,  as 
follows:  — 

YEAS. 

Messrs.  Adams,  Scott  Messrs.  Bangs,  Francis  R. 

Anderson,  Frederick  L.  Barker,  Warren  S. 

Avery,  Nathan  P.  Barnes,  Clarence  A. 

Bailey,  Charles  O.  Bartlett,  Horace  I. 

Balch,  Francis  N.  Bassett,  Edmund 

Ballantyne,  John  Besse,  Harold  A. 


338 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Gates,  Joseph  S. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
BickneU,  WaUace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 


Messrs.  Lane,  Daniel  W. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 


TUESDAY,  OCTOBER  16,   1917. 


339 


Messrs.  Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
'  Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 

107  yeas; 


Messrs.  Mancovitz,  David 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
•  Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Wonson,  Carlton  W. 

119  nays. 


Therefore  the  amendment  moved  by  Mr.  Richardson  was 
rejected. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Beceas. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

Mr.   Washburn  of  Middleborough  doubted  the  presence  of  a  Quorum, 
quorum;     and   the   President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.   Washburn  moved  that  Mr.  Washburn, 
the  resolution  be  amended  as  follows:  — 

By  striking  out,  in  lines  50  and  51,  the  words  "twenty  thou- 
sand qualified  voters  of  the  commonwealth",  and  inserting  in 
place  thereof  the  words  "four  per  cent  of  the  qualified  voters  of 
the  commonwealth,  calculated  upon  the  whole  number  of  votes 
cast  for  governor  at  the  last  preceding  election";  and 


—  amendment. 


340 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Washburn, 
—  amendment. 


By  striking  out,  in  lines  61  and  62,  the  words  "five  thousand 
additional  signatures  of  such  qualified  voters",  and  inserting  in 
place  thereof  the  words  "one  per  cent  of  such  qualified  voters, 
calculated  upon  the  whole  number  of  votes  cast  for  governor  at 
the  last  preceding  election,  in  addition  to  those  signing  such 
initiative  petition,". 

After  debate  the  question  was  put  on  these  amendments,  and 
98  members  voted  in  the  affirmative  and  84  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
113  members  voted  in  the  affirmative  and  112  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund     • 
Bates,  John  L. 
Bates,  Sanford 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 


Messrs.  Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kneil,  Arthur  S. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Logan,  James 
Lor  ing,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
PiUsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 


TUESDAY,  OCTOBER  16,  1917. 


341 


Messrs.  Turner,  Joseph 

Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 


Messrs.  Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Butler,  A.  Webster 
Carr.  Edward 
Clark,  Ezra  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Edward  R. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 


Messrs.  Kelley,  Thomas  R. 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
SparreU,  Ernest  H. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


113  yeas;  112  nays. 


342 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Quincy,  — 
amendments. 


Mr.  Sawyer, 
amendment. 


Mr.  Bartlett, 
amendment. 


Mr.  Bryant,  - 
amendment. 


Mr.  Walker,  - 
amendment. 


Id. 


Therefore  the  amendments  moved  by  Mr.  Washburn  were 
adopted. 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
as  follows:  — 

By  inserting  after  the  word  "commonwealth",  in  line  51  (as 
printed),  the  words  ",  or  if  a  proposed  law  is  introduced  into 
the  general  court  by  recommendation  of  the  governor  by  mes- 
sage"; 

By  inserting  after  the  word  "petition",  in  line  55,  the  words 
",  or  in  the  form  in  which  it  was  originally  recommended  by  the 
governor  or  in  such  amended  form  as  the  governor  may  by 
message  approve  or  substitute,  as  the  case  may  be"; 

By  inserting  after  the  word  "if",  in  line  57,  the  words  ",  in 
the  case  of  a  law  proposed  by  initiative  petition,";  and 

By  inserting  after  the  word  "aforesaid",  in  line  63,  the  words 
",  or  if,  in  the  case  of  a  law  recommended  by  the  governor,  a 
certificate  is  filed  by  the  governor  with  the  secretary  of  the  com- 
monwealth not  later  than  said  first  Wednesday  of  August  calling 
for  such  submission". 

After  debate  Mr.  Buttrick  of  Lancaster  moved  that  the  further 
consideration  of  these  amendments  be  postponed  until  the  next 
session.  This  motion  was  put,  there  being  no  objection;  and  the 
same  prevailed. 

Mr.  Sawyer  of  Ware  moved  that  the  resolution  be  amended  by 
adding  at  the  end  thereof  the  following  paragraph:  - 

"The  general  court  shall  provide  by  rule  that,  on  all  reports 
based  on  initiative  petitions,  debate  at  some  stage  thereof 
[A]  shall,  in  the  case  of  a  proposed  law,  continue  for  at  least  six 
hours,  and,  in  the  case  of  a  proposed  amendment  of  the  consti- 
tution, for  at  least  ten  hours,  unless  sooner  closed  by  unanimous 
consent." 

Mr.  Bartlett  of  Newburyport  moved  that  the  amendment 
moved  by  Mr.  Sawyer  be  amended  by  striking  out,  at  "A",  the 
word  "shall",  and  inserting  in  place  thereof  the  word  "may". 

Mr.  Bryant  of  Milton  moved  that  the  amendment  moved  by 
Mr.  Sawyer  be  amended  by  striking  out,  at  the  end  thereof,  the 
words  ",  unless  sooner  closed  by  unanimous  consent". 

After  debate  these  amendments  were  severally  rejected;  and  the 
amendment  moved  by  Mr.  Sawyer  was  also  rejected. 

Mr.  Walker  of  Brookline  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  following  paragraph: - 

"Subject  to  the  veto  power  of  the  governor  and  to  the  right  of 
referendum  by  petition  as  herein  provided,  the  general  court  may 
amend  or  repeal  a  law  approved  by  the  people." 

This  amendment  was  adopted. 

The  same  member  moved  that  the  resolution  be  amended  by 
adding  at  the  end  thereof  the  following  paragraph:  — 

"  This  article  of  amendment  to  the  constitution  is  self  executing 
but  legislation  not  inconsistent  with  anything  herein  contained 
may  be  enacted  to  facilitate  the  operation  of  its  provisions". 

After  debate  this  amendment  was  adopted. 


TUESDAY,  OCTOBER  16,  1917.  343 

The  same  member  moved  that  the  resolution  be  amended  by  Mr.  Walker,— 
striking  out,  in  line  193,  the  words  "secretary  of  the  common-  ai 
wealth",    and   inserting   in   place   thereof   the   word    "attorney- 
general". 

After  debate  this  amendment  was  adopted. 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "commonwealth",  in  line  111,  the 
words  ",  and  no  private  or  special  law  and  no  law  entailing  the 
appropriation  of  money". 

After  debate  the  same  member  moved  that  the  further  con- 
sideration of  this  amendment  be  postponed  until  the  next  session. 
The  question  on  postponement  was  put,  there  being  no  objection; 
and  the  motion  prevailed. 

Mr.    Washburn   of   Worcester   moved   that   the   resolution   be  Mr.  washbum, 
amended  by  inserting  after  the  word  "penalties",  in  line  185,  the  -amendment- 
words  "for  the  signing  of  any  such  petition  for  money  or  other 
valuable  consideration  and". 

This  amendment  was  adopted. 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "signers",  in  line  89,  the  words 
"  :  provided,  that  no  initiative  petition  shall  be  so  filed  until  it 
has  been  submitted  to  the  attorney-general  [A]  or  to  [D]  an 
officer  whose  duty  it  is  to  assist  members  or  committees  of  the 
general  court  in  the  drafting  of  bills  and  the  constitutional 
amendment  or  law  which  is  the  subject  of  the  petition  has  been 
certified  [B]  either  by  the  attorney-general  [C]  or  by  such  officer 
[E]  to  be  in  proper  form  for  submission  to  the  people". 

Mr.  Churchill  of  Amherst  moved  that  the  amendment  moved  Mr.  Churchill, 
by  Mr.  Quincy  be  amended  as  follows:  — 

By  striking  out,  at  "A",  the  words  "or  to  an  officer  whose 
duty  it  is  to  assist  members  or  committees  of  the  general  court 
in  the  drafting  of  bills"; 

By  striking  out,  at  "B",  the  word  "either";   and 

By  striking  out,  at  "C",  the  words  "or  by  such  officer". 

Mr.  Clapp  of  Lexington  moved  that  the  amendment  moved  by  Mr.  ciapp,  — 
Mr.  Quincy  be  amended  as  follows: —  -  amendments. 

By  striking  out,  at  "D",  the  words  "an  officer  whose  duty  it 
is  to  assist  members  or  committees  of  the  general  court  in  the 
drafting  of  bills",  and  inserting  in  place  thereof  the  words  "such 
other  officer  or  board  as  the  legislature  may  designate  or  provide 
for  the  purpose";  and 

By  inserting,  at  "E",  the  words  "or  board". 

After  debate  Mr.  Lummus  of  Lynn  moved  that  the  Convention  Adjournment. 
adjourn;    and  this  motion  prevailed. 

Accordingly,  at  ten  minutes  after  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


344 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  October  17,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Ernest  S.  Meredith  of  Watertown. 


Frank  L. 
JBoyden. 


Augustus  W. 
Perry. 


Leave  of  Absence. 

On  motion  of  Mr.  Hale  of  Boston,  — 

Ordered,  That  Mr.   Boyden  of  Deerfield  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  illness. 

On  motion  of  Mr.  McCormack  of  Boston,  — 
Ordered,  That  Mr.  Perry  of  Boston  be  granted  leave  of  absence, 
under  Rule  13,  on  account  of  illness. 


Second  Liberty 
Loan, — 
addresses  by 
the  Governor 
and  others. 


Addresses  on  the  Second  Liberty  Loan. 

The  following  order,  offered  by  Mr.  Washburn  of  Worcester, 
was  adopted:  — 

Recognizing  the  paramount  importance  to  the  cause  of  civili- 
zation of  an  adequate  response  to  the  call  of  the  government  of 
the  United  States  for  a  loan  from  the  people,  known  as  the 
Second  Liberty  Loan,  to  the  end  that  the  great  war  may  be 
prosecuted  to  a  successful  and  speedy  termination,  and  desiring 
that  meantime  our  kinsmen  on  the  field  of  battle  may  gain  in- 
spiration from  our  sympathy  and  support,  and  desiring,  as  far 
as  may  be  within  our  power,  to  aid  in  impressing  upon  the  citi- 
zens of  our  Commonwealth  the  supreme  importance  of  the 
present  emergency,  — 

Ordered,  That  His  Excellency  the  Governor,  the  Treasurer  and 
Receiver-General  of  the  Commonwealth  and  the  Governor  of  the 
Federal  Reserve  Bank  be  invited  to  address  the  Convention  at 
eleven  o'clock  A.M.  on  Thursday,  October  18. 


Public  funds, 
—  appropria- 
tions. 


Printing  of  a  Convention  Document. 

Mr.  Edwin  U.  Curtis  of  Boston,  for  the  committee  on  Rules 
and  Procedure,  to  whom  was  referred  the  order  providing  that 
the  report  of  the  committee  on  Rules  and  Procedure  and  the 
committee  on  Amendment  and  Codification  of  the  Constitution, 
sitting  jointly,  providing  for  placing  on  the  ballot  at  the  coming 
state  election  the  Article  of  Amendment  contained  in  the  Reso- 
lution relative  to  the  support  of  certain  institutions  from  public 
funds  (Doc.  No.  348),  be  printed  as  a  Convention  document,  — 
reported  recommending  that  the  same  be  adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted.  (See  Doc.  No.  364.) 


WEDNESDAY,  OCTOBER  17,  1917.  345 


Adjournment  until  June,  1918. 

The  following  order,  offered  by  Mr.  Besse  of  Newburyport, 
the  consideration  of  which  was  postponed  from  the  last  session, 
was  considered:  — 

Ordered,  That,  after  the  final  disposition  of  the  amendments  Adjournment 
that  are  to  go  on  the  ballot  this  year,  nothing  be  considered  but  acttoifo^the 
the  initiative  and  referendum;  and  that,  after  this  amendment  initiative  and 
has  been  finally  acted  upon,  the  Convention  adjourn  until  the  re 
first  Tuesday  of  June,  1918. 

Mr.  Avery  of  Holyoke  moved  that  the  order  be  referred  to  the 
committee  on  Rules  and  Procedure. 

After  debate  Mr.  McLaud  of  Greenfield  moved  that  the  motion  Mr. 
be  amended  by  adding  at  the  end  thereof  the  words  ",  with  in-  - 
structions  to  report  at  the  next  session  on  this  order,  and  on  the 
order  previously  offered  by  Mr.  Avery  of  Holyoke  and  referred 
to  said  committee  on  September  28  ". 

After  debate  the  amendment  was  adopted;  and  the  motion, 
as  amended,  was  adopted.  Therefore  the  order  stood  committed 
to  the  committee  on  Rules  and  Procedure. 

The  order  offered  by  Mr.  Quincy  of  Boston,  relative  to  pro-  Members  and 
viding  compensation  for  members,  officers  and  employees  of  the  omtheyees 
Convention  for  the  month  of  November,  or  a  part  thereof,  the  Convention,— 
consideration  of  which  was  postponed  from  the  last  session,  was  £?NovSnber. 
considered. 

Mr.  Avery  of  Holyoke  moved  that  the  order  be  referred  to  the 
committee  on  Rules  and  Procedure  and  the  committee  on  Con- 
tingent Expenses  and  Pay-Roll,  sitting  jointly;  and  after  debate 
this  motion  was  adopted. 

The  following  order,  offered  by  Mr.  Sawyer  of  Ware,  was 
referred  to  the  committee  on  Rules  and  Procedure  and  the  com- 
mittee on  Contingent  Expenses  and  Pay-Roil,  sitting  jointly,  on 
motion  of  the  same  member:  — 

Whereas,  Under  the  orders  heretofore  passed  by  the  Conven-  id. 
tion,  the  final  payment  of  salary  to  its  members  will  be  made 
at  the  end  of  the  month  of  October,  leaving  no  provision  for 
payment  of  any  further  compensation  thereafter;  and 

Whereas,  It  appears  impossible  for  the  Convention  to  take 
action  before  the  first  day  of  November  upon  the  170  reports 
of  its  committees  which  still  await  consideration,  23  of  such 
reports  recommending  the  adoption  of  amendments  to  the  Con- 
stitution, many  of  which  are  of  great  public  importance;  and 

Whereas,  It  is  claimed  that  many  members  of  the  Convention 
will  be  financially  unable  to  continue  their  attendance  after  the 
close  of  the  month  of  October,  unless  provision  is  made  for  a 
continuance  of  the  compensation  of  members  at  the  rate  of  one 
hundred  and  fifty  dollars  a  month  heretofore  paid,  and  all  mem- 
bers of  the  Convention  are  fairly  entitled  to  continue  to  receive 
such  compensation  during  such  reasonable  time  as  may  be 
necessary  to  enable  the  Convention  to  finish  its  business;  and 


JOURNAL   OF  THE   CONVENTION, 

Whereas,  It  is  against  the  public  interest  that  the  Convention 
should  be  led  to  adjourn,  without  reaching  most  of  the  matters 
before  it,  through  the  financial  inability  of  many  of  its  members 
to  continue  their  attendance,  and  it  is  also  undesirable  that  the 
Convention  should  be  obliged  to  continue  its  work  with  many 
of  its  members  necessarily  absent;  therefore,  it  is  hereby 

Ordered,  (1)  That  members  of  the  Convention  shall  be  entitled 
to  be  paid  additional  compensation  for  their  services  during  the 
month  of  November  and  the  month  of  December,  if  the  session 
of  the  Convention  shall  extend  into  said  months,  at  the  rate  of  one 
hundred  and  fifty  dollars  a  month;  provided,  that  final  adjourn- 
ment of  the  Convention  shall  be  not  later  than  December  15; 

(2)  That   the   committee   on   Contingent   Expenses   and   Pay- 
Roil  be  instructed  to  make  up  and  certify  to  the  Auditor  of  the 
Commonwealth,  prior  to  November  30  and  December  15,  or  at 
such  earlier  date  as  the  Convention  may  adjourn,  a  pay-roll  cover- 
ing the  amounts  payable  to  the  members  of  the  Convention  under 
this  order; 

(3)  That,  in  case  the  Treasurer  and  Receiver-General  shall  deem 
that  he  has  no  sufficient  authority  of  law  to  apply  any  money  in 
the  treasury  to  the  meeting  of  such  pay-roll,  then  the  President 
of  the  Convention  be  requested  to  petition  the  next  General  Court, 
on  behalf  of  the  Convention,  to  make  such  appropriation  as  may 
be  necessary  for  the  meeting  of  such  pay-roll;   and   be  it  further 

Ordered,  That  all  officers  and  employees  of  the  Convention  shall 
be  entitled  to  be  paid  for  their  services  during  November  and 
December,  or  for  such  portion  of  said  months  as  the  Convention 
may  remain  in  session,  compensation  on  the  per  diem  basis  here- 
tofore fixed,  in  the  case  of  those  paid  per  diem,  or,  in  the  case  of 
officers  or  employees  paid  a  fixed  sum,  at  the  rate  of  one-fifth  of 
such  sum  for  the  whole  month  of  November,  or  a  pro  rata  amount 
for  any  portion  of  said  month  or  the  month  of  December  during 
which  the  Convention  may  remain  in  session;  that  the  said  com- 
mittee make  up  and  certify  in  like  manner  a  pay-roll  covering  such 
payments;  and  that,  if  such  pay-roll  is  not  met  by  the  Treasurer 
and  Receiver-General,  the  President  of  the  Convention  be  re- 
quested to  petition  the  next  General  Court  in  like  manner  to  make 
such  appropriation  as  may  be  necessary  for  meeting  such  pay-roll; 
and  be  it  further 

Ordered,  That  the  Convention,  in  the  exercise  of  the  powers 
vested  in  it,  hereby  declares  that  the  Commonwealth  is  legally 
liable  for  the  payment  of  the  amounts  which  may  become  due 
in  accordance  with  the  foregoing  orders  and  with  the  pay-rolls 
made  up  in  accordance  therewith. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 


Res°luti°n  to  provide  for  establishing  the  initiative  and 
referendum    (Doc.    No.    359,    amended),    being    the    unfinished 


WEDNESDAY,  OCTOBER  17,  1917.  347 

business   of  the  last  session,   was   considered  further,   the   main 
question  being  on  ordering  it  to  a  second  reading. 

The   question   was    first   put    on    the   amendment   of  line   89,  Mr.Qumcy, — 
previously    moved    by    Mr.,   Quincy    of    Boston.      There    being  al 
no    objection    Mr.   Quincy   accepted,   as   a   part   of   his    amend- 
ment,  the  amendments  thereof  previously  moved  by  Mr.  Clapp 
of   Lexington.    The  amendment,  as  thus  modified,   was  as  fol- 
lows :  — 

Inserting  after  the  word  "signers",  in  line  89,  the  words 
"  :  provided,  that  no  initiative  petition  shall  be  so  filed  until  it  has 
been  submitted  to  the  attorney-general  [A]  or  to  such  other 
officer  or  board  as  the  legislature  may  designate  or  provide  for 
the  purpose  and  the  constitutional  amendment  or  law  which  is 
the  subject  of  the  petition  has  been  certified  [B]  either  by  the 
attorney-general  [C]  or  by  such  officer  or  board  to  be  in  proper 
form  for  submission  to  the  people  ". 

There  being  no  objection  Mr.  Churchill  of  Amherst  modified 
his  pending  amendments  of  the  amendment  moved  by  Mr. 
Quincy,  so  as  to  read  as  follows:  — 

Striking  out,  at  "A",  the  words  "or  to  such  other  officer  or 
board  as  the  legislature  may  designate  or  provide  for  the  pur- 
pose"; 

Striking  out,  at  "B",  the  word  "either";  and 

Striking  out,  at  "C",  the  words  "or  by  such  officer  or 
board". 

After  debate  Mr.  Quincy,  there  being  no  objection,  accepted, 
as  a  part  of  his  amendment,  the  amendments  moved  by  Mr. 
Churchill;  and  the  amendment,  as  thus  modified,  was  adopted, 
as  follows :  — 

Inserting  after  the  word  "signers",  in  line  89,  the  words 
"  :  provided,  That  no  initiative  petition  shall  be  so  filed  until  it  has 
been  submitted  to  the  attorney-general  and  the  constitutional 
amendment  or  law  which  is  the  subject  of  the  petition  has  been 
certified  by  the  attorney-general  to  be  in  proper  form  for  sub- 
mission to  the  people  ". 

There  being  no  objection  Mr.  Quincy  then  withdrew  his  pend- 
ing amendments  of  lines  51,  55,  57  and  63. 

There  being  no  objection  Mr.  Luce  of  Waltham  modified  his  Mr.  Luce,  — 
pending  amendment,  so  as  to  read  as  follows:  — 

Adding  at  the  end  of  line  111,  as  amended,  the  words,  "or  to 
an  individual,  association  or  corporation". 

After  debate  Mr.  Walker  of  Brookline,  there  being  no  objec- 
tion, moved  that  the  further  consideration  of  this  amendment 
be  postponed  until  after  the  consideration  of  other  amendments; 
and  this  motion  prevailed. 

Mr.   Kinney   of   Boston   then   moved   that  the   resolution   be  Mr.  Kinney,  — 
amended  by  inserting,   after  lines   13  to  47   (as  amended),  the  al 
following    paragraph:  - 

"No  amendment  shall  be  made  as  herein  provided  to  part 
the  first  of  the  constitution,  or  in  abrogation,  annulment  or 
repeal  of  any  of  the  provisions  therein  set  forth." 


348 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Kinney, — 
amendment. 


Mr.  Churchill, 
—  amendment. 


Amendments 
adopted. 


After  debate  (Mr.  Washburn  of  Worcester  being  in  the  chair) 
Mr.  Kinney  modified  his  amendment,  there  being  no  objection, 
so  as  to  read  as  follows:  — 

Inserting,  after  lines  13  to  47  (as  amended),  the  following 
paragraph :  — 

"No  law  or  amendment  to  the  constitution  relating  to  the 
declaration  of  rights  shall  be  the  subject  of  such  initiative 
petition." 

Mr.  Churchill  of  Amherst  moved  that  this  amendment  be 
amended  by  striking  out  the  words  proposed  to  be  inserted,  and 
inserting  in  place  thereof  the  following:  - 

"  Provided,  however,  that  no  amendment  annulling,  abrogating 
or  repealing  the  provisions  of  the  declaration  of  rights  shall  be 
the  subject  of  an  initiative  or  executive  petition." 

After  debate  the  amendment  moved  by  Mr.  Churchill  was 
adopted,  by  a  vote  of  128  to  87. 

The  question  was  then  put  on  the  amendment  moved  by  Mr. 
Kinney,  as  thus  amended,  and  127  members  voted  in  the  affirm- 
ative and  100  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
127  members  voted  in  the  affirmative  and  126  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O.  / 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve1,  Walter  L. 
Boyer,  Elmer  E. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 


Messrs.  Cook,  Rufus  H. 

Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 


WEDNESDAY,  OCTOBER  17,   1917. 


349 


Messrs.  Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 


Messrs.  Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amps  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NATS. 


Messrs.  Delaney,  Louis  F. 

Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 


350 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 


Messrs.  Quincy,  Josiah 

Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


127  yeas;  126  nays. 


Amendment 
adopted! 


Motion  to 
reconsider. 


Therefore  the  amendment  moved  by  Mr.  Kinney,  as  amended, 
was  adopted,  as  follows:  — 

Inserting,  after  lines  13  to  47  (as  amended),  the  following 
paragraph:  — 

"Provided,  however,  that  no  amendment  annulling,  abrogating 
or  repealing  the  provisions  of  the  declaration  of  rights  shall  be 
the  subject  of  an  initiative  or  executive  petition." 

The  President  having  resumed  the  chair,  Mr.  Walker  of  Brook- 
line  moved  that  the  foregoing  vote  be  reconsidered. 

After  debate  the  question  was  put,  and  92  members  voted  in 
the  affirmative  and  118  in  the  negative. 

The 'sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker;  and  on  the  roll  call  117  members 
voted  in  the  affirmative  and  124  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Broderick,  Patrick  S. 


Messrs.  Brown,  E.  Gerry 

Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 


WEDNESDAY,  OCTOBER  17,   1917. 


351 


Messrs.  Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 

Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 


Messrs.  McLaud,  Abner  S. 

Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
"Coogan,  Clement  F. 
Cook,  Benjamin  A.  * 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 


352 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Dale,  George  H. 

Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 


Mr.  Washburn, 
—  amendment. 


Quorum. 


Messrs.  Mitchell,  Charles 

Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


117  yeas;  124  nays. 

Therefore  the  motion  to  reconsider  was  negatived. 

At  ten  minutes  after  one  o'clock,  there  being  no  objection,  Mr. 
Youngman  of  Boston  moved  that  recess  be  taken  until  quarter- 
past  two  o'clock;  and  this  motion  prevailed. 

•P" 

On  the  reassembling  of  the  Convention  Mr.  Washburn  of  Mid- 
dleborough  moved  that  the  resolution  be  amended  by  inserting 
after  the  word  "thereon",  in  line  67,  the  words  ",  provided 
that,  for  any  law  proposed  under  this  section,  the  affirmative 
vote  shall  not  be  less  than  thirty  per  cent  of  the  highest  number 
of  votes  cast  at  such  state  election". 

Mr.  Walker  of  Brookline  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  the  question 
was  put  on  the  amendment,  and  111  members  voted  in  the 
affirmative  and  96  in  the  negative. 


WEDNESDAY,  OCTOBER  17,  1917. 


353 


The  sense  of  the  Convention  was  then  taken  by  yeas  and 
nays,  at  the  request  of  Mr.  Walker;  and  on  the  roll  call  131 
members  voted  in  the  affirmative  and  117  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve1,  Walter  L. 
Boyer,  Elmer  E. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 


Messrs.  Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 


354 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Walcott,  Robert 

Washburn,  Albert  H. 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


Messrs.  Whittier,  Eugene  P. 

Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Dor  an,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truihan  R. 
Hoitt,  Augustus  J. 


Messrs.  Horgan,  Francis  J. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 


WEDNESDAY,  OCTOBER  17,  1917.  355 

Messrs.  Webster,  George  P.  Messrs.  Winslow,  Guy  M. 

Whitehead,  James  Wonson.  Carlton  W. 

Wilson,  William  H. 

131  yeas;  117  nays. 

Therefore  the  foregoing  amendment  moved  by  Mr.  Washburn 
of  Middleborough  was  adopted. 

Mr.  Montague  of  Boston  then  moved  that  the  resolution  be  Mr.  Montague, 

amended  as  follows:  -amendments. 

By  adding  after  the  word  "  representatives/',  in  line  109,  the 
words  "  With  the  exception  of  the  first  ten  signers  of  an 
initiative  petition,  all  petitions  brought  under  this  article  of 
the  constitution  shall  be  signed  in  the  presence  of  some  city 
or  town  official  of  the  city  or  town  in  which  the  signer  of  the 
petition  is  a  registered  voter.";  and 

By  inserting  after  line  186  the  following  paragraph:  — 

"Provision  for  the  designation  of  the  city  or  town  officials 
in  the  presence  of  whom  initiative  petitions  may  be  signed  and 
for  the  designation  of  such  place  or  places  in  each  city  and 
town  in  the  commonwealth  where  such  petitions  may  be  signed, 
as  the  convenience  of  the  voters  requires,  may  be  made  by 
law." 

After  debate  these  amendments  were  rejected,  by  a  vote  of 
98  to  129. 

Mr.  Creamer  of  Lynn  moved  that  this  vote  be  reconsidered.      Motion  to 

Mr.  Underhill  of  Somerville  then  moved  that  the  Convention  re 
adjourn;   and  this  motion  was  negatived,  by  a  vote  of  112  to  113. 

Mr.  Buttrick  of  Lancaster  moved  that  the  further  considera- 
tion of  the-  motion  to  reconsider  be  postponed  until  the  next 
session.  The  President  entertained  the  motion;  and  after  debate 
it  was  negatived. 

The  motion  to  reconsider  was  then  negatived. 

Mr.    Sullivan    of    Salem    then    moved    that    the    Convention  Adjournment, 
adjourn;  and  this  motion  prevailed. 

Accordingly,  at  twenty-two  minutes  after  four  o'clock,  the  Con- 
vention adjourned,  to  meet  to-morrow  at  half -past  ten  o'clock  A.M. 


356 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  October  18,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was   offered   by   Rev.   Roland   D.  Sawyer   of  Ware,  a 
member  of  the  Convention. 


Asa  P.  French. 


Quorum. 


Adjourn- 
ment from 
October  26 
to  June  11. 


Mr.  Avery,  — 
amendments. 


Second 
Liberty 
Loan,  — 
addresses  by 
His  Excellency 


Leave  of  Absence. 

On  motion  of  Mr.  Richardson  of  Newton,  — 

Ordered,  That  Mr.  French  of  Randolph  be  granted  leave  of 
absence  from  to-day's  session,  in  order  that  he  may  attend  a 
funeral. 

Quorum. 

Mr.  Delaney  of  Holyoke  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

Proposed  Adjournment  from  October  26  to  June  11. 

On  the  appearance  of  a  quorum  (Mr.  Underhill  of  Somerville 
being  in  the  chair)  Mr.  Luce  of  Waltham,  for  the  committee  on 
Rules  and  Procedure,  to  whom  was  referred  the  order  offered  by 
Mr.  Avery  of  Holyoke,  providing  that  the  Convention  continue 
in  session  until  the  fourth  Friday  of  October  next,  and  that  it 
then  adjourn  until  the  second  Tuesday  of  June  in  the  year 
1918,  —  reported  recommending  that  the  same  ought  not  to  be 
adopted. 

The  report  was  read;    and  the  order  was  considered  forthwith. 

Mr.  Avery  of  Holyoke  moved  that  the  order  be  amended  by 
striking  out  the  words  "the  fourth  Friday  of  October  next",  and 
inserting  in  place  thereof  the  words  "final  action  has  been  taken 
on  the  Resolution  to  provide  for  establishing  the  initiative  and 
referendum";  and  by  striking  out  the  words  "until  the  second 
Tuesday  of  June  in  the  year  1918",  and  inserting  in  place 
thereof  the  words  "[A]  subject  to  the  call  of  the  President  or 
Secretary  of  the  Convention  to  meet  within  one  week  after  the 
prorogation  of  the  General  Court  of  1918". 

After  debate  Mr.  Sawyer  of  Ware  moved  that  the  further  con- 
sideration of  the  order  be  postponed  until  Tuesday  next,  first  in 
the  Orders  of  the  Day.  Pending  the  question  on  this  motion 
(the  President  having  resumed  the  chair)  the  order  was  laid  on 
the  table,  on  motion  of  Mr.  Luce  of  Waltham. 

Addresses  on  the  Second  Liberty  Loan. 

On  motion  of  Mr.  Merriam  of  Framingham,  — 
Ordered,  That  a  committee  of  eleven  members  be  appointed 
to  wait  upon  His  Excellency  the  Governor  of  the  Commonwealth 
and  the  Governor  of  the  Federal  Reserve  Bank  and  inform  them 


THURSDAY,  OCTOBER  18,   1917.  357 

that   the   Convention   is   now   in   session   and   invites   them   to  the  Governor 
address   its    members    with   reference   to    the    "  Second    Liberty 


Lo  an  "  .  Federal  Reserve 

The  President  appointed  as  the  committee  Messrs.  Merriam 
of  Framingham,  Adams  of  Springfield,  Aylward  of  Cambridge, 
Boyer  of  Lynn,  Lane  of  Boston,  Whittier  of  Winthrop,  Shea  of 
Dalton,  Walker  of  New  Bedford,  Look  of  Tisbury,  Michelman 
of  Boston  and  John  W.  Daly  of  Lowell,  and  they  proceeded  to 
the  discharge  of  their  duty  under  escort  of  the  Sergeant-at-Arms. 

Soon  afterwards  Mr.  Merriam,  for  the  committee,  reported 
that  they  had  attended  to  the  duty  assigned  them,  and  that  His 
Excellency  the  Governor  had  accepted  the  invitation  of  the  Con- 
vention for  himself  and  Governor  Aiken  of  the  Federal  Reserve 
Bank,  and  that  they  would  attend  upon  the  Convention  forthwith. 

Thereupon  His  Excellency  Samuel  W.  McCall,  Governor  of 
the  Commonwealth,  and  Honorable  Alfred  L.  Aiken,  Governor  of 
the  Federal  Reserve  Bank,  entered  the  Convention  Chamber 
under  escort  of  the  Sergeant-at-Arms. 

The  President  of  the  Convention,  His  Excellency  the  Governor 
of  the  Commonwealth,  and  Governor  Aiken  of  the  Federal  Re- 
serve Bank  then  addressed  the  members;  after  which  the  distin- 
guished guests  withdrew. 

Attendance  of  Delegates  Equivalent  to  Court  Engagements. 

A  communication  from  Arthur  P.  Rugg,  Chief  Justice  of  the  Supreme 
Supreme   Judicial   Court,   stating   that   "The   resolution   of   the 
Constitutional   Convention   requesting   that   engagements   of   its  °f 
members  in  the  performance  of  their  duties  be  treated  as  equiv-  Convention. 
alent  to  engagements  in  court  will  be  respectfully  heeded  by  the 
justices  of  the  Supreme  Judicial  Court",  —  was  read;    and  the 
communication  was  placed  on  file. 

Taken  from  the  Table. 

On  motion  of  Mr.  White  of  North  Brookfield  the  following  order 
(offered  by  Mr.  Avery  of  Holyoke)  was  taken  from  the  table  :  — 

Ordered,   That  the   Convention   continue  in   session   until   the  Adjoum- 
fourth  Friday  of  October  next,  and  that  it  then  adjourn  until  october26 
the  second  Tuesday  of  June  in  the  year  1918.  to  June  n. 

After  debate  (Mr.  Underhill  of  Somerville  being  in  the  chair) 
the  pending  motion  of  Mr.  Sawyer  of  Ware  (that  the  further 
consideration  of  the  order  be  postponed  until  Tuesday  next)  was 
negatived. 

After  further  debate  Mr.  Edwin  U.  Curtis  of  Boston  moved 
that,  unless  a  vote  be  sooner  reached,  debate  be  closed  at  3.30 
o'clock;  and  this  motion  prevailed. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair  (Mr.  Underhill)   declared  a  recess  until  two  o'clock;    at 
which  hour  the  Convention  reassembled. 

Mr.  Sawyer  of  Ware  doubted  the  presence  of  a  quorum;    and  Quorum. 
the   Chair    (Mr.    Underhill)    requested   the   Sergeant-at-Arms   to 
secure  the  attendance  of  a  quorum. 


358 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Hale,  — 

amendment. 


On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Hale  of 
Boston  moved  that  the  foregoing  amendment  moved  by  Mr. 
Avery  of  Holyoke  be  amended  by  striking  out,  at  "A",  the 
words  "subject  to  the  call  of",  and  inserting  in  place  thereof  the 
words  "and  shall  be  called  by". 

After  debate  Mr.  Avery,  there  being  no  objection,  accepted,  as 
a  part  of  his  amendments,  the  amendment  moved  by  Mr.  Hale. 

The  amendments,  as  thus  amended,  were  then  adopted. 

On  the  question  on  the  adoption  of  the  order,  as  amended,  the 
sense  of  the  Convention  was  taken  by  yeas  and  nays,  at  the 
request  of  Mr.  Newton  of  Everett;  and  on  the  roll  call  143 
members  voted  in  the  affirmative  and  134  in  the  negative,  as 
follows :  — 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boyer,  Elmer  E. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clark,  Chester  W. 
Coakley,  Daniel  H. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William-  J. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 


YEAS. 

Messrs.  Doe,  Orestes  T. 

Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flynn,  Maurice  R. 
Foss,  George  H. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 


THURSDAY,  OCTOBER  18,  1917. 


359 


Messrs.  Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Myron,  John  F. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Peirce,  Albion  G. 
Powers,  Samuel  L. 
Rieutord,  Louis  O. 
Bobbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 


Messrs.  Adams,  Brooks 

Ay  1  ward,  James  F. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bates,  John  L. 
Bates,  Sanford 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brooks,  George  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Butler,  A.  Webster    . 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 


Messrs.  Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  George 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Williams,  Fred  Homer 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 

NAYS. 

Messrs.  Derbyshire,  James  H. 
Donovan,  James  A. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Graumann,  John 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 


360 


JOURNAL  OF  THE  CONVENTION, 


Adjourn- 
ment to 
1918. 


Motion  to 
reconsider. 


Adjournment 
after  final 
action  on  the 
initiative  and 
referendum. 


Messrs.  McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 


Messrs.  Ray,  Herbert  L. 

Richardson,  Edward  A. 
Richardson,  James  P. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Twomey,  John  C. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
143  yeas;  134  nays. 


Therefore  the  order  was  adopted,  as  follows:  - 

"Ordered,  That  the  Convention  continue  in  session  until  final 
action  has  been  taken  on  the  Resolution  to  provide  for  estab- 
lishing the  initiative  and  referendum,  and  that  it  then  adjourn, 
and  shall  be  called  by  the  President  or  Secretary  of  the  Con- 
vention to  meet  within  one  week  after  the  prorogation  of  the 
General  Court  of  1918." 

Mr.  Feiker  of  Northampton  gave  notice  that,  at  the  next  ses- 
sion, he  would  move  to  reconsider  the  vote  by  which  the  Conven- 
tion adopted  the  foregoing  order. 

Mr.  Carr  of  Hopkinton  then  moved  to  reconsider  the  vote  by 
which  the  order  was  adopted;  and  this  motion,  under  the  rule, 
was  placed  first  in  the  Orders  of  the  Day  for  the  next  session. 

Proposed  Adjournment  Until  June,  1918. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Proce- 
dure, to  whom  was  referred  the  order  offered  by  Mr.  Besse  of 
Newburyport,  providing  that,  after  the  final  disposition  of  the 
amendments  that  are  to  go  on  the  ballot  this  year,  nothing  be 
considered  but  the  initiative  and  referendum;  and  that,  after 
this  amendment  has  been  finally  acted  upon,  the  Convention  ad- 
journ until  the  first  Tuesday  of  June,  1918,  —  reported  recom- 
mending that  the  same  ought  not  to  be  adopted. 

The  report  was  read;  and,  on  motion  of  Mr.  Bullock  of  New 
Bedford,  the  order  was  placed  in  the  Orders  of  the  Day  for  the 
next  session. 


At  five  minutes  before  four  o'clock,  on  motion  of  Mr.  Luce  of 
Waltham  (Mr.  Underbill  of  Somerville  being  in  the  chair),  the  Con- 
vention adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M 


FRIDAY,  OCTOBER  19,  1917. 


361 


FRIDAY,  October  19,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Patrick  Bowen  Murphy  of  Boston. 


Orders  of  the  Day. 

The  Convention  proceeded  to  the  consideration  of  the  Orders 
of  the  Day. 

The  motion  of  Mr.  Can*  of  Hopkinton,  that  the  vote  be  re- 
considered by  which  the  Convention,  at  the  last  session,  adopted 
the  following  order,  was  considered  :  — 

Ordered,  That  the  Convention  continue  in  session  until  final  Adjournment 
action  has  been  taken  on  the  Resolution  to  provide  for  estab- 
lishing  the  initiative  and  referendum,  and  that  it  then  adjourn,  and^fe 
and  shall  be  called  by  the  President  or  Secretary  of  the  Con-  endum. 
vention  to  meet  within  one  week  after  the  prorogation  of  the 
General  Court  of  1918. 

After  debate  the  question  was  put,  and  110  members  voted  in 
the  affirmative  and  100  in  the  negative.  tion- 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Saunders  of  Clinton;  and  on  the  roll  call 
136  members  voted  in  the  affirmative  and  114  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Aylward,  James  F. 
Ballantyne,  John 
Bates,  Sanford 
Begley,  John  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boynton,  Thomas  J. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Butler,  A.  Webster 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 


Messrs.  Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Doran,  James  P. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 


362 


JOURNAL  OF   THE   CONVENTION, 


Messrs.  Graumann,  John 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Barker,  Warren  S. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Choate,  Charles  F.,  Jr. 
Clark,  Chester  W. 
Coakley,  Daniel  H. 
Collins,  Samuel  I. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 


Messrs.  Murley,  Joseph  J. 

Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Ross,  Samuel 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  William  H. 
Swig,  Louis 
Thompson,  John  L. 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Fisher,  Edward 
Flaherty,  William 
Flynn,  Maurice  R. 
Eraser,  Eugene  B. 
Gartland,  John  J. 
Gay  lord,  Henry  E. 
Glazier,  Frederick  P. 


FRIDAY,  OCTOBER  19,  1917. 


363 


Messrs.  Good,  John  P. 

Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Hamilton,  Andrew  Foster 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Larson.  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joseph  A. 
Lufkin,  Wfflfred  W. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Myron,  John  F. 


Messrs.  Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Turner,  Joseph 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wonson,  Carltpn  W. 
Youngman,  William  S. 


136  yeas;  114  nays. 


Therefore  the  vote  was  reconsidered  by  which  the  order  was 
adopted. 

Pending  the  recurring  question  Mr.  Avery  of  Holyoke  moved  Mr.Avery,— 
that  the  order  be  amended  by  the  substitution  of  the  following:  —  ai 

Ordered,  That  the  sessions  of  the  Convention  continue  until 
Wednesday,  November  28,  and  that,  if  all  its  business  be  not 
then  disposed  of,  it  adjourn  until  called  by  the  President  or 
Secretary  to  meet  not  later  than  within  ten  days  after  the  pro- 
rogation of  the  General  Court  of  1918;  and  until  the  time  of 
such  adjournment  on  November  28  the  Resolution  to  provide  for 
establishing  the  initiative  and  referendum  shall,  whenever  upon  the 
Calendar,  take  precedence  over  all  other  matters  in  the  Orders  of 
the  Day,  except  motions  to  reconsider;  and  provided  that,  in  case 
final  action  has  not  been  taken  on  the  said  resolution  on  or  be- 
fore the  said  28th  day  of  November,  the  sessions  of  the  Con- 
vention shall  continue  until  such  final  action  has  been  taken,  and 
upon  the  taking  of  such  final  action  the  Convention  shall  adjourn 
subject  to  call  by  the  President  or  Secretary  as  aforesaid. 

After  debate  Mr.  Walker  of  Brookline  (Mr.  Underhill  of  Som-  Amendment 
erville  being  in  the  chair)   moved  that  Rule  38  be  suspended;  ri 
and   this   motion,   after   debate,   was   negatived.     Therefore   the 
Chair   (Mr.   Underhill)    declared   that   the  amendment  was   im- 
properly before  the  Convention. 


364 


JOURNAL  OF  THE  CONVENTION, 


Adjournment 
after  final 
action  on  the 
initiative  and 
referendum. 


Initiative  and 
referendum. 


Mr.  Anderson, 
—  amendment. 


Mr-  Bates  of  Brookline  then  moved  that  the  order  be  amended 
by  the  substitution  of  the  following:  — 

Ordered,  That  the  sessions  of  the  Convention  continue  until 
Wednesday,  November  28,  and  that,  if  all  its  business  be  not 
then  disposed  of,  it  adjourn  until  called  by  the  President  or  Sec- 
retary to  meet  not  later  than  within  ten  days  after  the  proroga- 
tion of  the  General  Court  of  1918;  and  until  the  time  of  such 
adjournment  on  November  28  the  Resolution  to  provide  for  estab- 
lishing the  initiative  and  referendum  shall,  whenever  upon  the 
Calendar,  take  precedence  over  all  other  matters  in  the  Orders  of 
the  Day,  except  as  otherwise  provided  by  the  rules  of  the  Conven- 
tion; and  provided  that,  in  case  final  action  has  not  been  taken  on 
the  said  resolution  on  or  before  the  said  28th  day  of  November, 
the  sessions  of  the  Convention  shall  continue  until  such  final 
action  has  been  taken,  and  upon  the  taking  of  such  final  action 
the  Convention  shall  adjourn  subject  to  call  by  the  President  or 
Secretary  as  aforesaid. 

Mr.  Lomasney  of  Boston  moved  that  the  order  be  laid  on  the 
table;  and  this  motion,  after  debate,  was  adopted. 

•  The  President  having  resumed  the  chair  the  following  order 
(offered  by  Mr.  Besse  of  Newburyport)  was  considered:  - 

Ordered,  That,  after  the  final  disposition  of  the  amendments 
that  are  to  go  on  the  ballot  this  year,  nothing  be  considered  but 
the  initiative  and  referendum;  and  that,  after  this  amendment 
has  been  finally  acted  upon,  the  Convention  adjourn  until  the 
first  Tuesday  of  June,  1918. 

Mr.  Buttrick  of  Lancaster  moved  that  the  order  be  laid  on  the 
table;  and  this  motion  prevailed. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended)  was  considered  further,  the 
main  question  being  on  ordering  it  to  a  second  reading. 

Mr.  Anderson  of  Newton  moved  that  the  resolution  be 
amended  by  striking  out  lines  48  to  69,  inclusive,  and  the  word 
"law",  in  line  70,  and  inserting  in  place  thereof  the  following:  - 

"If  an  initiative  petition  for  a  law  is  introduced  into  the 
general  court  in  the  manner  hereinafter  provided,  signed  by 
not  less  than  twenty  thousand  qualified  voters,  [A]  or  if  a  pro- 
posed law  is  introduced  into  the  general  court  by  recommenda- 
tion of  the  governor  by  message,  such  proposed  law  shall,  not 
later  than  the  second  Wednesday  in  June,  be  laid  before  a  joint 
session  of  the  two  houses,  at  which  the  president  of  the  senate 
shall  preside;  and  if  the  two  houses  fail  to  agree  upon  a  time  for 
holding  any  joint  session  hereby  required,  or  fail  to  continue  the 
same  from  time  to  time  until  final  action  has  been  taken  upon  all 
such  proposed  laws  pending  before  it,  the  governor  shall  call 
such  joint  session  or  continuance  thereof.  The  final  legislative 
action  in  such  joint  session  upon  any  such  proposed  law  shall  be 
taken  only  by  call  of  the  yeas  and  nays,  which  shall  be  entered 
upon  the  journals  of  the  two  houses;  and  an  unfavorable  vote  at 
any  legislative  stage  preceding  final  action  shall  be  verified  by 


FRIDAY,  OCTOBER  19,  1917.  365 

call  of  the  yeas  and  nays,  to  be  entered  in  like  manner.  A  pro- 
posed law  introduced  by  initiative  petition  shall  be  voted  upon 
in  the  form  in  which  it  was  introduced,  provided  that  it  may  be 
amended  by  vote  of  three-fourths  of  the  members  present  and 
voting  thereon  in  joint  session,  and  any  such  vote  shall  be  verified 
by  call  of  the  yeas  and  nays  if  called  for  by  not  less,  than  forty 
members.  [B]  A  proposed  law  introduced  by  recommendation  of 
the  governor  shall  be  voted  upon  either  in  the  form  in  which  it 
was  originally  recommended  or  in  such  amended  form  as  the 
governor  may  by  message  approve  or  substitute. 

"If  any  such  proposed  law  shall  receive  in  such  joint  session  Mr. Anderson, 
the  affirmative  votes  of  at  least  one-fourth  of  all  the  mem-  —amendment. 
bers  present  and  voting  thereon,  such  fact  shall  be  certified 
by  the  clerk  of  such  joint  convention  to  the  secretary  of  the 
commonwealth,  and  said  secretary  shall  submit  such  proposed 
law  to  the  people  at  the  next  state  election  [C],  provided  that 
in  the  case  of  a  law  recommended  by  the  governor  a  certificate 
shall  be  filed  by  the  governor  with  the  secretary  of  the  common- 
wealth not  later  than  said  first  Wednesday  in  August  calling  for 
such  submission;  and  if  such  proposed  law  shall  be  approved  by 
voters  voting  thereon  at  least  equal  in  number  to  thirty  per  cent 
of  the  voters  voting  at  such  election,  and  also  by  a  majority  of 
the  voters  voting  on  such  proposed  law,  then  such  proposed  law 
shall  become  law,  and  shall  take  effect  in  thirty  days  after  such 
state  election,  or  at  such  time  after  such  election  as  may  be  pro- 
vided in  such  law." 

Mr.  Loring  of  Beverly  moved  that  the  amendment  moved  by  Mr.  Loring,— 
Mr.  Anderson  be  amended  by  the  substitution  of  the  following :— 

That  the  resolution  be  amended  by  striking  out,  in  lines  55  to 
57,  the  words  "and  if  the  general  court  into  which  it  is  intro- 
duced fails  to  enact  such  law",  and  inserting  in  place  thereof 
the  words  "or  as  amended  by  a  vote  of  three-quarters  of  the 
members  present  and  voting  in  each  branch.  If  of  the  members 
present  and  voting  one-third  of  the  house  and  one-fourth  of  the 
senate  vote  for  such  enactment,  but  enactment  fails". 

Mr.  Youngman  of  Boston  moved  that  the  amendment  moved  ^ 
by  Mr.  Anderson  be  amended  as  follows :  — 

By  striking  out,  at  "A",  the  words  "or  if  a  proposed  law  is 
introduced  into  the  general  court  by  recommendation  of  the 
governor  by  message,"; 

By  striking  out,  at  "  B ",  the  words  "  A  proposed  law  intro- 
duced by  recommendation  of  the  governor  shall  be  voted  upon 
either  in  the  form  in  which  it  was  originally  recommended  or  in 
such  amended  form  as  the  governor  may  by  message  approve 
or  substitute.";  and 

By  striking  out,  at  "C",  the  words  ",  provided  that  in  the  case 
of  a  law  recommended  by  the  governor  a  certificate  shall  be  filed 
by  the  governor  with  the  secretary  of  the  commonwealth  not  later 
than  said  first  Wednesday  in  August  calling  for  such  submission". 

After  debate  the  amendments  moved  by  Mr.  Youngman  were 
adopted,  by  a  vote  of  129  to  80. 


366 


JOURNAL  OF  THE  CONVENTION, 


Adjournment.         ]y[r    Mancovitz  of  Boston  then  moved  that  the  Convention 
adjourn;    and  this  motion  prevailed. 

Accordingly,  at  three  minutes  after  one  o'clock,  the  Conven- 
tion adjourned,  to  meet  on  Tuesday  next  at  half-past  ten  o'clock 
A.M. 


TUESDAY,  OCTOBER  23,  1917.  367 


TUESDAY,  October  23,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Thompson  of  Haverhill,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  State  Administration,  and  State  Administra-  SSST3  ~" 
tion  and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday,  time- 
October  30,  in  which  to  report  on  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Washburn  of  Worcester,  — 

Voted,    That  Mr.  Hart  of  Cambridge  be  granted  leave  of  ab-  Albert  Bushneii 
sence,  under  Rule  13,  for  two  weeks,  on  account  of  illness  in  his  Hart- 
family. 

Communication  from  Delegate  Herbert  E.  Cummings. 

A  communication  from  Delegate  Herbert  E.  Cummings  of  Herbert  E. 
North  Brookfield,  addressed  to  the  President,  conveying  to  the 
members  of  the  Convention  sincere  thanks  for  their  kind  expres- 
sion of  sympathy,  and  stating  that  Mr.  Cummings  was  con- 
valescing and  hoped  soon  to  be  able  to  attend  the  sessions  of  the 
Convention,  —  was  read;  and  the  communication  was  placed  on 
file. 

Support  of  the  Second  Liberty  Loan. 

The  following  order,   offered   by   Mr.   Michelman  of  Boston,  second  Liberty 
was  considered:  -  ISSmtom* 

Whereas,  The  President  of  the  United  States  by  proclamation  over 
has  set  aside  the  twenty-fourth  day  of  October  as  Liberty  Day; 
and 

Whereas,  In  accordance  with  said  Proclamation  His  Excel- 
lency the  Governor  of  this  Commonwealth  has  set  aside  the  same 
day  for  the  purpose  of  allowing  the  citizens  of  this  Common- 
wealth to  advance  the  success  of  the  Second  Liberty  Loan;  and 

Whereas,  By  said  proclamation  His  Excellency  the  Governor 
has  suggested  that  the  people  of  this  Commonwealth,  in  so  far  as 
possible,  desist  from  their  regular  employment  and  aid  the  gov- 
ernment in  its  need;  therefore  be  it 

Resolved,  That  the  delegates  of  this  Convention,  in  accordance 
with  said  proclamations  of  the  President  and  of  His  Excellency 
the  Governor,  devote  the  said  twenty-fourth  day  of  October  to 
arousing  the  people  of  this  Commonwealth  to  respond  to  the  call 


368 


JOURNAL  OF  THE  CONVENTION, 


Quorum. 


Mr.  Parkman, 
—  amendments. 


of  our  country  in  subscribing  for  the  Second  Liberty  Loan;  and  it 
is  hereby 

Ordered,  That,  when  the  Convention  adjourns  to-day,  it  ad- 
journ to  meet  on  Thursday,  October  25. 

Mr.  Glazier  of  Hudson  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.  Parkman  of  Boston 
moved  that  the  order  be  amended  by  striking  out  the  last  two 
paragraphs  thereof,  and  inserting  in  place  thereof  the  following:  — 

Resolved,  That  the  delegates  of  this  Convention,  in  accordance 
with  said  proclamations  of  the  President  and  of  His  Excellency 
the  Governor,  adjourn  and  devote  themselves  to  arousing  the 
people  of  this  Commonwealth  to  respond  to  the  call  of  our 
country  in  subscribing  for  the  Second  Liberty  Loan;  and  it  is 
hereby 

Ordered,  That,  if  the  Convention  is  in  session  at  one  o'clock 
P.M.  on  Wednesday,  October  24,  the  President  shall  declare  an 
adjournment  until  Thursday,  October  25. 

There  being  no  objection  Mr.  Michelman  accepted,  as  a  part 
of  his  order,  the  amendments  moved  by  Mr.  Parkman. 

After  debate  the  order,  as  thus  modified,  was  rejected. 


"  Biennial 
Elections  and 
Sessions  of  the 
Legislature". 


Adjournment, 
after  final 
action  on  the 
initiative  and 
referendum, 
until  1918. 


President 
Bates,  — 
amendment. 


Printing  of  a  Bulletin. 

Mr.  Hall  of  Taunton  being  in  the  chair,  the  following  order, 
offered  by  Mr.  Newton  of  Everett,  was  referred,  under  the  pro- 
visions of  a  standing  order,  to  the  committee  on  Rules  and 
Procedure: — 

Ordered,  That  the  Secretary  of  the  Convention  be  instructed 
to  replace,  for  the  members  of  the  Convention  and  for  the  public, 
Bulletin  No.  9,  on  "Biennial  Elections  and  Sessions  of  the  Legis- 
lature", with  a  new  edition  under  the  same  title,  to  include  the 
present  edition  and  the  material  printed  as  Convention  Docu- 
ment No.  355,  and  also  a  bibliography  of  the  subject  in  the  legis- 
lative reference  library. 

Taken  from  the  Table. 

On  motion  of  Mr.  Bates  of  Brookline  the  following  order  was 
taken  from  the  table :  — 

Ordered,  That  the  Convention  continue  in  session  until  final 
action  has  been  taken  on  the  Resolution  to  provide  for  establish- 
ing the  initiative  and  referendum,  and  that  it  then  adjourn, 
and  shall  be  called  by  the  President  or  Secretary  of  the  Conven- 
tion to  meet  within  one  week  after  the  prorogation  of  the  General 
Court  of  1918. 

Pending  the  recurring  question  on  the  adoption  of  the  order 
Mr.  Bates  modified  his  pending  amendment,  there  being  no 
objection,  so  as  to  read  as  follows:  — 

"  Whereas,  A  majority  of  the  members  of  the  Convention  have 
indicated  their  belief  that  the  remaining  business  before  them 
cannot  be  satisfactorily  completed  during  the  present  calendar 
year;  and 


TUESDAY,  OCTOBER  23,  1917.  369 

Whereas,  The  Convention  has  now  been  in  continuous  session 
for  a  length  of  time  exceeding  that  anticipated  by  any  of  its 
members,  many  of  whom  find  it  necessary  to  devote  themselves 
for  a  period  to  their  business  [A]  and  professional  duties;  and 

Whereas,  There  is  no  measure  undisposed  of  that  may  properly 
be  termed  an  emergency  measure;  and 

Whereas,  It  will  now  be  impossible  to  place  upon  the  ballot 
at  the  November  election  any  other  resolutions  of  amendment 
than  those  already  favorably  acted  upon;  and 

Whereas,  The  Convention  has  the  unquestioned  power  to  ad- 
journ from  time  to  time  at  its  pleasure,  as  recognized  in  the 
Convention  Act;  now,  therefore,  be  it 

Ordered,  That  the  sessions  of  the  Convention  continue  until 
Friday,  November  23,  and  that,  if  all  its  business  be  not  then 
disposed  of,  it  adjourn  until  called  by  the  President  or  Secretary 
to  meet  not  later  than  within  ten  days  after  the  prorogation  of 
the  General  Court  of  1918;  and  until  the  time  of  such  adjourn- 
ment on  November  23  the  Resolution  to  provide  for  establishing 
the  initiative  and  referendum  shall,  whenever  upon  the  Calendar, 
take  precedence  over  all  other  matters  in  the  Orders  of  the  Day, 
except  as  otherwise  provided  in  the  rules  of  the  Convention;  and 
provided  that,  in  case  final  action  has  not  been  taken  on  the  said 
resolution  on  or  before  the  said  23rd  day  of  November,  the  ses- 
sions of  the  Convention  shall  continue  until  such  final  action  has 
been  taken,  and  upon  the  taking  of  such  final  action  the  Conven- 
tion shall  adjourn  subject  to  call  by  the  President  or  Secretary  as 
aforesaid. 

After  debate  Mr.  Fisher  of  Westford  moved  that  the  amend- 
ment  be  amended,  in  the  second  paragraph  thereof,  by  striking 
out,  at  "A",  the  words  "and  professional",  and  inserting  in 
place  thereof  the  words  ",  professional,  public  and  patriotic". 

There  being  no  objection  Mr.  Bates  accepted,  as  a  part  of  his 
amendment,  the  amendment  moved  by  Mr.  Fisher. 

After  further  debate  the  amendment  moved  by  Mr.  Bates,  as 
thus  modified,  was  adopted;  and  the  order,  as  thus  amended, 
was  adopted. 

On  motion  of  Mr.  Buttrick  of  Lancaster  the  following  order 
(offered  by  Mr.  Besse  of  Newburyport)  was  taken  from  the  table:  — 

Ordered,  That,  after  the  final  disposition  of  the  amendments  Adjournment 
that  are  to  go  on  the  ballot  this  year,  nothing  be  considered  but 
the  initiative  and  referendum;    and  that,  after  this  amendment 
has  been  finally  acted  upon,  the  Convention  adjourn  until  the 
first  Tuesday  of  June,  1918. 

The  order  was  then  rejected. 

Special  Committee  to  Consider  Changes  Wrought  by  the  War. 

The  consideration  of  the  following  order,  offered  by  Mr.  Adams 
of  Quincy,  was  postponed  until  the  next  session,  on  motion  of 
that  member:  — 

Ordered,  That,  this  Convention  having  voted  to  adjourn  until 
next  spring,  previous  to  its  adjournment  the  President  shall  ap-  —hanges' 
point  a  committee  of  not  more  than  15  nor  less  than  12  members,  JJe  WM*  by 


370 


JOURNAL   OF  THE   CONVENTION, 


Committee  on 
Rules  and 
Procedure,  — 
revision  of 
rules  during 


Initiative  and 
referendum. 


Amendments 
rejected. 


Mr.  Quincy, 
—  amendment. 


who  shall  proceed  during  the  recess  to  consider,  so  far  as  time 
will  permit,  — 

1.  The  economic,  social  and  legal  changes  which  have  been 
already  wrought  in  our  domestic  and  foreign  relations  by  the 
present  war,  together  with  those  of  the  greatest  importance  which 
seem  likely  soon  to  supervene; 

2.  If,  by  their  labors,  the  committee  shall  reach  the  conclusion 
that,  by  some  comprehensive  treatment  of  the  whole  of  our  con- 
stitutional law,  —  not  only  that  which  is  contained  in  the  Consti- 
tution itself,  but  also  that  which  is  to  be  drawn  from  the  judicial 
interpretation  which  the  same  has  received,  —  it  may  be  possible 
for  said  committee  to  develop  some  cohesive  plan  by  which  the 
people  of  this  Commonwealth  shall  be  placed  in  a  position  to  deal 
more  effectively  with  the  increasingly  strenuous  pressure  of  mod- 
ern competition  than  they  otherwise  could,  then  the  committee 
shall  report  the  same  to  this  Convention  so  soon  as  it  shall  re- 
convene, and  the  Convention  shall  forthwith  proceed  to  deliberate 
upon  the  same; 

3.  The  committee  shall  be  empowered  to  ask  from  the  General 
Court  an  appropriation  sufficient  to  pay  for  the  necessary  ex- 
pense which  the  committee  shall  incur  in  the  performance  of  its 
functions. 

Revision  of  the  Rules  of  the  Convention. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Besse  of  Newburyport,  was  postponed  until  the  next  session, 
at  the  request  of  Mr.  Jones  of  Melrose:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be 
instructed  to  improve,  revise,  amend  or  form  new  rules  that  will 
tend  to  expedite  the  proceedings  of  this  Convention,  said  com- 
mittee to  meet  during  the  term  of  adjournment  and  to  report 
immediately  upon  the  reconvening  of  the  Convention  and  this 
committee  be  and  hereby  is  instructed  to  embody  in  their  new 
set  of  rules  the  abolishment  of  the  Committee  of  the  Whole. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

The  amendment  previously  moved  by  Mr.  Loring  of  Beverly 
to  the  amendment  previously  moved  by  Mr.  Anderson  of  New- 
ton was  rejected,  by  a  vote  of  70  to  100. 

The  amendment  previously  moved  by  Mr.  Anderson  was  also 
rejected. 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  inserting,  after  line  82,  the  following  paragraph,  with  the 
heading  "Conflicting  and  Alternative  Measures":  — 

"The  general  court  by  resolve  passed  by  yea  and  nay  vote 
either  by  the  two  houses  sitting  separately,  or  by  a  majority 


TUESDAY,  OCTOBER  23,  1917.  371 

of  those  present  and  voting  thereon  in  joint  convention  held  as 
herein  provided,  may  provide  for  grouping  and  designating  upon 
the  ballot  either  as  conflicting  measures  or  as  alternative  meas- 
ures, only  one  of  which  is  to  be  adopted,  any  two  or  more 
proposed  constitutional  amendments,  or  any  two  or  more 
proposed  laws,  which  have  been  or  may  be  passed  or  qualified 
for  submission  to  the  people  at  any  one  election,  under  the 
provisions  of  this  amendment  or  otherwise;  but  a  proposed  con- 
stitutional amendment  and  a  proposed  law  shall  not  in  any  case 
be  so  grouped. 

"  The  general  court  may  by  resolve  passed  as  aforesaid  provide  Mr.  Quincy,  — 
for  the  submission  to  the  people  of  a  substitute  for  any  measure  amendment- 
introduced   by   initiative   petition   which   has   been   or   may   be 
passed  or  qualified  for  submission  to  the  people  as  herein  pro- 
vided, the  same  to  be  designated  on  the  ballot  as  the  legislative 
substitute  for  such  an  initiative  measure  and  to  be  grouped  with 
the  same  as  an  alternative  therefor. 

"The  ballot  shall  afford  an  opportunity  to  the  voter  to  vote 
for  or  against  each  of  the  measures  so  grouped  as  conflicting  or 
as  alternatives.  In  case  more  than  one  of  the  measures  so 
grouped  shall  receive  the  vote  required  for  its  approval  as  herein 
provided,  only  that  one  of  the  same  for  which  the  largest  affirma- 
tive vote  was  cast  shall  be  deemed  to  be  approved.  In  the  case 
of  two  measures  so  grouped  as  alternatives  if  neither  shall  re- 
ceive such  required  vote  but  the  aggregate  affirmative  vote  cast 
for  both  of  the  same  shall  exceed  the  vote  cast  against  either  of 
the  same,  then  that  one  of  such  measures  for  which  the  higher 
affirmative  vote  was  cast  shall  again  be  placed  upon  the  ballot 
at  the  coming  state  election,  without  being  grouped  with  any 
other  measure,  and  if  approved  by  the  voters  by  the  vote  herein 
required  for  the  approval  of  a  constitutional  amendment  or  of 
a  law,  as  the  case  may  be,  shall  be  adopted  and  take  effect  as 
herein  provided. 

"In  case  in  any  judicial  proceeding  any  provisions  of  two 
or  more  constitutional  amendments,  or  of  two  or  more  laws, 
approved  by  the  people  at  the  same  election  are  held  to  be 
in  conflict  with  each  other,  then  the  provisions  contained  in  the 
constitutional  amendment,  or  in  the  law,  as  the  case  may  be, 
which  received  the  largest  number  of  affirmative  votes  at  such 
election  shall  be  deemed  to  govern." 

After  debate  Mr.  Churchill  of  Amherst,  there  being  no  objec- 
tion, moved  that  the  further  consideration  of  this  amendment  be 
postponed  until  after  the  consideration  of  other  amendments; 
and  this  motion  prevailed. 

Mr.  Swig  of  Taunton  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "commonwealth",  in  line  111,  the 
words  "i  and  no  law  relating  to  religion,  religious  practices  or 
religious  institutions". 

After  debate  this  amendment  was  adopted. 

Mr.  Walker  of  Brookline  moved  that  the  resolution  be  amended  J^endment 
by  inserting,  after  line  109,  the  following  paragraph:  - 

"If  the  general  court  fails  to  agree  to  pass  a  proposed  law 
before  the  first  Wednesday  of  June,  the  first  ten  signers  of  the 


372 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Kilbon,  — 
amendment. 


Mr.  Swig,  - 
amendment. 


Mr.  Luce,  - 
amendment. 


Second  Liberty 
Loan,  — 
adjournment 
>ver 


Recess. 


Quorum. 


initiative  petition  therefor,  or  a  majority  of  them,  shall  have  the 
right,  subject  to  certification  by  the  attorney-general  filed  as 
hereinafter  provided,  to  amend  the  measure  which  is  the  subject 
of  such  petition.  An  amendment  so  made  shall  not  invalidate 
any  signature  attached  to  the  petition.  If  the  measure  so 
amended,  signed  by  such  first  ten  signers  or  a  majority  of  them, 
is  filed  with  the  secretary  of  the  commonwealth  before  the  first 
Wednesday  of  the  following  July,  together  with  a  certificate 
signed  by  the  attorney-general  to  the  effect  that  the  amendment 
made  by  such  proposers  is  in  his  opinion  perfecting  in  its  nature 
and  does  not  materially  change  the  [A]  substance  of  the  measure, 
then  the  secretary  of  the  commonwealth  shall  submit  the  measure 
to  the  people  in  its  amended  form;  in  case  of  failure  to  file  such 
amended  measure,  together  with  such  certificate,  he  shall  submit 
the  measure  in  its  original  form." 

After  debate  Mr.  Kilbon  of  Springfield  moved  that  this  amend- 
ment be  amended  by  striking  out,  at  "A",  the  word  "substance", 
and  inserting  in  place  thereof  the  words  "purpose  and  scope". 

After  further  debate  the  amendment  moved  by  Mr.  Kilbon 
was  rejected;  and  the  amendment  moved  by  Mr.  Walker  was 
adopted,  by  a  vote  of  98  to  60. 

Mr.  Swig  of  Taunton  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "institutions,"  in  line  179,  the 
words  ",  and  no  law  relating  to  religion,  religious  practices  or 
religious  institutions".  This  amendment  was  adopted. 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  178,  the  words  "of  any",  and  inserting 
in  place  thereof  the  words  "for  any". 

After  debate,  the  President  having  resumed  the  chair,  Mr. 
Powers  of  Newton  moved  that  the  resolution  be  laid  on  the 
table;  and  this  motion  prevailed. 

Support  of  the  Second  Liberty  Loan. 

The  following  motion,  offered  by  Mr.  Powers  of  Newton,  was 
considered :  — 

Whereas,  Wednesday,  October  24,  is  officially  proclaimed  by 
the  President  of  the  United  States  and  by  the  Governor  of  this 
Commonwealth  as  set  apart  for  all  patriotic  citizens  to  devote 
their  time  and  energies  to  the  promotion  of  the  Second  Liberty 
Loan;  therefore,  it  is  hereby 

Moved,  That,  when  this  Convention  adjourns  to-day,  it  ad- 
journ to  meet  on  Thursday  next. 

After  debate  the  motion  was  adopted. 

Recess. 

At  two  minutes  before  one  o'clock,  on  motion  of  Mr.  Brown  of 
Brockton,  a  recess  was  taken  until  two  o'clock;  at  which  hour 
the  Convention  reassembled. 

Quorum. 

The  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 


TUESDAY,  OCTOBER  23,  1917.  373 


Taken  from  the  Table. 

On  the  appearance   of  a   quorum   the   Resolution  to   provide  initiative  and 
for  establishing  the  initiative  and   referendum    (Doc.   No.    359,  referendum- 
amended)  was  taken  from  the  table,  on  motion  of  Mr.  Davis  of 
Cambridge,  and  considered,  the  main  question  being  on  ordering 
it  to  a  second  reading. 

After  debate  the  pending  amendment  moved  by  Mr.  Luce  of 
Waltham  was  adopted,  by  a  vote  of  92  to  85,  as  follows:  — 

Striking  out,  in  line  178,  the  words  "of  any",  and  inserting  in 
place  thereof  the  words  "for  any". 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "provided,",  in  line  128,  the  words 
"that  the  governor  may,  at  any  time  before  the  election  at 
which  it  is  to  be  submitted  to  the  people  on  referendum,  declare 
any  law  to  be  an  emergency  measure  hereunder  by  filing  with 
the  secretary  of  the  commonwealth  a  statement  setting  forth  the 
facts  constituting  the  emergency,  and  that  in  his  opinion  the 
immediate  preservation  of  the  public  peace,  health,  safety  or 
convenience  require  that  such  law  should  go  into  operation 
forthwith,  then  such  law,  if  not  previously  suspended  as  herein- 
after provided,  shall  take  effect  without  suspension,  or  if  such 
law  has  been  so  suspended  such  suspension  shall  thereupon 
terminate  and  such  law  shall  thereupon*  go  into  effect:  and 
provided,  further,". 

After  debate  this  amendment  was  rejected,  by  a  vote  of  84 
to  91. 

Mr.  William  H.  Sullivan  of  Boston  moved  that  the  resolution  Mr.  Sullivan, 
be  amended  by  adding  at  the  end  thereof  the  following:  —  amendment. 

"The  power  of  initiative  and  referendum  may  be  exercised  as 
hereinafter  provided:  — 

"  Amendments  to  the  Constitution.  —  If  an  initiative  petition  for 
any  specific  and  particular  amendment  to  the  constitution  is  in- 
troduced into  the  general  court  in  the  manner  hereinafter  pro- 
vided, signed  by  not  less  than  ten  state  senators  or  ex-senators 
and  fifty  representatives  or  ex-representatives  of  the  common- 
wealth, and  the  general  court  into  which  it  is  introduced  shall 
fail  to  agree  to  such  amendment  in  the  manner  provided  in  the 
ninth  article  of  amendment  to  the  contitution,  such  amendment 
shall  nevertheless  be  deemed  to  be  referred  to  the  next  general 
court  and  shall  have  the  same  standing  therein  as  if  once  agreed 
to;  and  if  such  next  general  court  shall  fail  before  the  first 
Wednesday  of  June  to  agree  to  such  amendment  in  the  manner 
provided  in  such  ninth  article,  and  if  such  initiative  petition  is 
completed  by  filing  with  the  secretary  of  the  commonwealth,  not 
earlier  than  the  first  Wednesday  of  the  following  July  nor  later 
than  the  first  Wednesday  of  the  following  August,  not  less  than 
two  additional  signatures  of  such  senators  or  ex-senators  and 
ten  representatives  or  ex-representatives,  then  the  secretary  of 
the  commonwealth  shall  submit  such  proposed  amendment  to 
the  people  at  the  next  state  election;  and  if  it  shall  be  approved 
by  a  majority  of  the  qualified  voters  voting  thereon,  such 


374  JOURNAL  OF  THE  CONVENTION, 

amendment  shall  become  part  of  the  constitution  of  this  corn- 
Mr  Sullivan  -  monwealtn' 

amendment.'  "  Laws. —  If  an  initiative  petition  for  a  law  is  introduced  into 
the  general  court  in  the  manner  hereinafter  provided,  signed  by 
not  less  than  five  state  senators  or  ex-senators  and  twenty-five 
representatives  or  ex-representatives  of  the  commonwealth,  and 
the  general  court  into  which  it  is  introduced  fails  to  enact  such 
law  before  the  first  Wednesday  of  June;  and  if  such  initiative 
petition  is  completed  by  filing  with  the  secretary  of  the  common- 
wealth, not  earlier  than  the  first  Wednesday  of  the  following 
July  nor  later  than  the  first  Wednesday  of  the  following  August, 
not  less  than  two  additional  signatures  of  such  senators  or 
ex-senators  and  five  representatives  or  ex-representatives,  then 
the  secretary  of  the  commonwealth  shall  submit  such  proposed 
law  to  the  people  at  the  next  state  election;  and  if  it  shall  be 
approved  by  a  majority  of  the  qualified  voters  voting  thereon, 
such  proposed  law  shall,  subject  to  the  provisions  of  the  con- 
stitution, become  law,  and  shall  take  effect  in  thirty  days  after 
such  state  election  or  at  such  time  after  such  election  as  may  be 
provided  in  such  law." 

After  debate  this  amendment  was  rejected. 

— rameSmenf8>  Mr.  Cummings  of  Fall  River  moved  that  the  resolution  be 
amended  by  inserting,  after  line  112,  the  following  paragraph:  — 
"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensation 
of  judges;  or  relating  to  the  recall  of  judges  or  judicial  decisions; 
or  relating  to  the  [A]  creation  or  abolition  of  courts,  shall  be  the 
subject  of  such  initiative  petition." 

After  debate  Mr.  Dutch  of  Winchester  moved  that  the  amend- 
ment be  amended  by  inserting,  at  "A",  the  word  "powers,". 

After  further  debate  Mr.  Cummings,  there  being  no  objection, 
accepted,  as  part  of  his  amendment,  the  amendment  moved  by 
Mr.  Dutch. 

The  question  was  then  put  on  the  amendment,  as  thus  modi- 
fied, and  135  members  voted  in  the  affirmative  and  99  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
142  members  voted  in  the  affirmative  and  111  in  the  negative,  as 
follows :  — . 

YEAS. 
Messrs.  Adams,  Charles  Francis  Messrs.  Boyer,  Elmer  E. 

Adams,  Scott  Brackett,  John  Q.  A. 

Bailey,  Charles  O.  Brine,  Henry  C. 

Balch,  Francis  N.  Brown,  Samuel  F. 

Ballantyne,  John  Bruce,  Charles 

Bangs,  Francis  R.  Bryant,  Lincoln 

Barnes,  George  L.  Burns,  William  A. 

Bassett,  Edmund  Buttrick,  Allan  G. 

Besse,  Harold  A.  Chandler,  Leonard  B. 

Bicknell,  Wallace  H.  Chase,  Mial  W. 

Blackmur,  Paul  R.  Choate,  Charles  F.,  Jr. 

Bodfish,  John  D.  W.  Churchill,  George  B. 

Boucher,  Joseph  Zoe'l  Clapp,  Robert  P. 

Bouv6,  Walter  L.  Clark,  Chester  W. 

Boy  den,  Frank  L.  Codman,  James  M.,  Jr. 


TUESDAY,  OCTOBER  23,  1917. 


375 


Messrs.  Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Cummings.  John  W. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gay  lord,  Hemy  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Logan,  James 
Look,  William  J. 


Messrs.  Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Will:red  W. 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  §. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert 'C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 


Messrs.  Begley,  John  S. 

Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Bowen,  Patrick 
Brennan,  James  H. 
Brennan,  James  J. 


376 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Daley,  Peter 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 

142  yeas; 


Messrs.  Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 

111  nays. 


Mr.  Cummings,      Therefore    the    amendment    moved    by    Mr.    Cummings    was 
3nt'       adopted,  as  follows:   Inserting,  after  line  112,  the  following  para- 
graph: — 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensation 
of  judges;  or  relating  to  the  recall  of  judges  or  judicial  decisions; 
or  relating  to  the  powers,  creation  or  abolition  of  courts,  shall  be 
the  subject  of  such  initiative  petition." 

Adjournment.         Mr.  Youngman  of  Boston  then  moved  that  the  Convention 
adjourn;   and  this  motion  prevailed. 

Accordingly,  at  eleven  minutes  after  four  o'clock,  the  Con- 
vention adjourned,  to  meet  on  Thursday  next  at  half-past  ten 
o'clock  A.M. 


THURSDAY,  OCTOBER  25,  1917.  377 


THURSDAY,  October  25,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Harry  Lutz  of  Newton. 

Leave  of  Absence. 

On  motion  of  Mr.  Flynn  of  Maiden, — 

Ordered,  That  Mr.  Hawley  of  Maiden  be  granted  leave  of 
absence,  under  Rule  13,  from  October  23  to  November  9,  in- 
clusive, in  order  that  he  may  attend  to  duties  in  connection  with 
the  War  Camp  Community  Recreation  Bureau. 

On  motion  of  Mr.  McAnarney  of  Quincy,  — 
Ordered,  That  Mr.  Langelier  of  Quincy  be  granted  leave  of 
absence  on  October  25  and  26,  in  order  that  he  may  attend  the 
Rhode  Island  State  Teachers'  Convention,  and  on  November  1 
and  2,  in  order  that  he  may  attend  the  Worcester  County 
Teachers'  Convention. 

Publication  of  an  Address  to  the  People. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro-  Address  to 
cedure  (sitting  jointly  with  the  committee  on  Amendment  and  JJjatLvJto 
Codification  of  the  Constitution),  who  were  authorized  to  report  amendment 
as  to  the  best  method  of  proceeding  to  revise,  alter  or  amend  the 
Constitution,   reported  recommending   the  following   address   to 
the  people  and  the  adoption  of  the  following  order:  — 

To  the  People  of  Massachusetts:  — 

The  Constitutional  Convention  assembled  by  your  direction  and  composed 
of  your  delegates  has  adopted  three  amendments  to  the  Constitution  for  sub- 
mission to  you  at  the  coming  state  election.  These  amendments  have  received 
careful  and  deliberate  consideration;  we  believe  them  to  be  wise  and  salutary, 
and  we  recommend  them  for  your  approval. 

The  first  amendment  would  authorize  the  Legislature  to  provide  that  citi- 
zens absent  from  home  on  election  day  might  nevertheless  exercise  the  right 
of  suffrage.  It  is  estimated  that  20,000  railway  men,  traveling  men,  and  others 
now  lose  their  votes  through  inability  to  go  to  the  polls.  Furthermore,  many 
thousands  of  young  men  will  be  deprived  of  the  ballot  while  in  the  military 
or  naval  service  of  their  country,  unless  the  Legislature  is  enabled  by  this 
amendment  to  provide  for  receiving  their  votes. 

The  second  amendment  guarantees  the  free  exercise  of  religion;  one  section 
especially  protects  those  who  may  be  inmates  of  penal  or  charitable  institu- 
tions. It  prevents  the  appropriation  of  public  money  in  aid  of  religious,  chari- 
table, benevolent,  educational,  or  other  institutions  not  wholly  under  public 
control,  but  it  permits  the  continuance  of  payments  from  the  public  treasury 
for  the  support  in  private  institutions  of  persons  who  are  public  charges,  and 
also  allows  appropriations  for  the  maintenance  of  free  public  libraries  and  of 
the  Soldiers'  Home.  Neither  in  purpose  nor  in  effect  is  it  hostile  to  religion, 
education,  or  philanthropy.  In  framing  this  amendment  we  have  merely  car- 
ried principles  that  have  been  developing  through  our  entire  history  to  the 
point  of  a  broad  general  policy,  —  that  public  money  shall  be  used  only  for 


378 


JOURNAL  OF  THE  CONVENTION, 


Committee 
on  Rules  and 
Procedure,  — 
revision  of 
rules  during 
the  recess. 


Mr.  Bennett, 
amendment. 


public  purposes,  for  the  support  of  public  institutions  and  no  others.  We  be- 
lieve this  policy  to  be  sound  in  itself;  we  know  that  it  is  satisfactory  to  men  of 
very  diverse  views.  The  large  majority  by  which  the  Convention  approved 
this  amendment,  275  to  25,  and  the  mutual  understanding  and  good-will 
developed  during  its  consideration,  warrant  our  confidence  that  its  ratification 
at  the  polls  will  tend  to  the  highest  good  of  the  Commonwealth. 

The  third  amendment  is  meant  to  remove  the  restrictions  that  have  stood  in 
the  way  of  using  the  powers  of  State  and  municipality,  in  a  time  of  emergency 
like  the  present,  to  secure  to  the  people  at  reasonable  cost  food  and  other  neces- 
saries of  life,  or  to  provide  shelter  if  required  by  such  a  calamity  as  a  conflagra- 
tion. As  the  new  powers  thus  allowed  to  the  Legislature  can  be  used  only 
under  the  exceptional  conditions  of  urgent  necessity  or  serious  distress,  their 
grant  to  the  representatives  of  the  people  threatens  no  permanent  invasion 
of  the  field  of  private  enterprise,  but  promises  certain  forms  of  temporary 
relief  hitherto  precluded. 

Before  our  labors  are  ended,  we  undoubtedly  shall  submit  for  your  approval 
other  important  proposals,  now  maturing;  we  are  confident  you  will  wish  us 
to  use  all  necessary  time  and  care  in  perfecting  them.  These  three  amend- 
ments we  submit  at  once,  partly  because  of  their  pressing  nature  or  other 
weighty  considerations,  partly  as  an  earnest  of  our  zeal  in  the  performance  of 
the  duty  you  have  imposed  on  us.  We  indulge  the  hope  that  your  approval 
of  these  measures  and  of  others  to  come  from  us  will  result  in  making  our  Com- 
monwealth still  more  conspicuous  as  an  example  of  prudent  progress  in  the 
development  of  institutions  to  promote  the  safety,  happiness,  and  advance- 
ment of  mankind,  thus  setting  an  example  that  may  encourage  and  help  the 
peoples  now  struggling  to  achieve  the  ordered  liberty  we  have  found  so  precious. 

Ordered,  That  the  Secretary  of  the  Commonwealth  be  directed 
to  publish  the  accompanying  address  to  the  people  at  the  same 
time  and  in  such  manner  as  is  provided  by  section  269  of  Chapter 
835  of  the  Acts  of  1913  for  publishing  the  question  of  the  ap- 
proval and  ratification  of  proposed  amendments  to  the  Consti- 
tution. 

The  reading  of  the  report  (Doc.  No.  366)  was  dispensed  with, 
on  motion  of  Mr.  Parkman  of  Boston;  and  it  was  considered 
forthwith. 

Mr.  Brown  of  Brockton  then  moved  that  the  further  considera- 
tion of  the  report  be  postponed  until  the  next  session;  and  after 
debate  this  motion  was  adopted. 

Revision  of  the  Rules  of  the  Convention. 

The  following  order,  offered  by  Mr.  Besse  of  Newburyport, 
the  consideration  of  which  was  postponed  from  the  last  session, 
was  considered. 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  in- 
structed to  improve,  revise,  amend  or  form  new  rules  that  will 
tend  to  expedite  the  proceedings  of  this  Convention,  said  com- 
mittee to  meet  during  the  term  of  adjournment  and  to  report 
immediately  upon  the  reconvening  of  the  Convention  and  this 
committee  be  and  hereby  is  instructed  to  embody  in  their  new 
set  of  rules  the  abolishment  of  the  Committee  of  the  Whole. 

Mr.  Bennett  of  Saugus  moved  that  the  order  be  amended  by 
striking  out,  at  the  end  thereof,  the  words  "and  this  committee 
be  and  hereby  is  instructed  to  embody  in  their  new  set  of  rules 
the  abolishment  of  the  Committee  of  the  Whole". 

After  debate  Mr.  Besse,  there  being  no  objection,  accepted  this 
amendment  of  his  order.  The  order,  as  thus  modified,  was  then 
adopted. 


THURSDAY,  OCTOBER  25,  1917.  379 


Special  Committee  to  Consider  Changes  Wrought  by  the  War. 

The  following  order,  offered  by  Mr.  Adams  of  Quincy,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered:  — 

Ordered,  That,  this  Convention  having  voted  to  adjourn  until 
next  spring,  previous  to  its  adjournment  the  President  shall  ap-  changes 
point  a  committee  of  not  more  than  15  nor  less  than  12  members,  the  ^£* bs 
who  shall  proceed   during  the  recess  to  consider,  so  far  as  time 
will  permit,  — 

1.  The  economic,   social   and  legal   changes  which  have  been 
already  wrought  in  our  domestic  and  foreign  relations  by  the 
present  war,  together  with  those  of  the  greatest  importance  which 
seem  likely  soon  to  supervene; 

2.  If,  by  their  labors,  the  committee  shall  reach  the  conclusion 
that,  by  some  comprehensive  treatment  of  the  whole  of  our  con- 
stitutional law,  —  not  only  that  which  is  contained  in  the  Consti- 
tution itself,  but  also  that  which  is  to  be  drawn  from  the  judicial 
interpretation  which  the  same  has  received,  —  it  may  be  possible 
for  said  committee  to  develop  some  cohesive  plan  by  which  the 
people  of  this  Commonwealth  shall  be  placed  in  a  position  to  deal 
more  effectively  with  the  increasingly  strenuous  pressure  of  mod- 
ern competition  than  they  otherwise  could,  then  the  committee 
shall  report  the  same  to  this  Convention  so  soon  as  it  shall  re- 
convene, and  the  Convention  shall  forthwith  proceed  to  deliberate 
upon  the  same; 

3.  The  committee  shall  be  empowered  to  ask  from  the  General 
Court  an  appropriation  sufficient  to  pay  for  the  necessary  ex- 
pense which  the  committee  shall  incur  in  the  performance  of  its 
functions. 

After  debate  Mr.  Washburn  of  Middleborough  moved  that  the 
order  be  referred  to  the  committee  on  Rules  and  Procedure;  and 
this  motion,  after  debate,  was  negatived,  by  a  vote  of  70  to  93. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  order  be  amended 
by  striking  out  the  last  paragraph  thereof.  After  debate  this 
amendment  was  adopted. 

The  question  was  then  put  on  the  adoption  of  the  order,  as 
amended,  and  83  members  voted  in  the  affirmative  and  85  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  White  of  North  Brookfield;  and  on  the  roll 
call  111  members  voted  in  the  affirmative  and  131  in  the  negative 
as  follows:  — 

YEAS. 

Messrs.  Adams,  Brooks  Messrs.  Bigney,  Robert  E. 

Adams,  Charles  Francis  Bolster,  Percy  G. 

Adams,  Smith  J.  Bouve",  Walter  L. 

Aylward,  James  F.  Boyden,  Frank  L. 

Balch,  Francis  N.  Brackett,  John  Q.  A. 

Barrett,  James  T.  Brooks,  George  F. 

Bauer,  Ralph  S.  Brown,  E.  Gerry 

Bicknell,  Wallace  H.  Buck,  Maurice  A. 


380 


^ JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bullock,  William  J. 
Burrell,  Fred  J. 
Clapp,  Robert  P. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Coogan,  Clement  F. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
Gallagher,  Daniel  J. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 


Messrs.  Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Begley,  John  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 


Messrs.  MacMaster,  Edward  A. 
Maguire,  James  E. 
Mancovitz,  David 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moriarty,  James  T. 
Moynihan,  James  J. 
Myron,  John  F. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Thompson,  Hubert  C. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 


NAYS. 


Messrs.  Boyer,  Elmer  E. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F, 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clark,  Chester  W. 
Clark  Ezra  W. 
Coe,  S.  Hamilton 


THURSDAY,  OCTOBER  25,  1917. 


381 


Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Donoghue,  John  A. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hibbard,  Charles  E. 
Horgan,  Francis  J. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 


.  Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  John 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Morton,  James  M. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Walker,  George 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wheeler,  William 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 


Ill  yeas;  131  nays. 
Therefore  the  order,  as  amended,  was  rejected. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to*  the  consideration  of  the 
Orders  of  the  Day,  Mr.  French  of  Randolph  being  in  the  chair.  • 

The  Resolution  to  provide  for  establishing  the  initiative  and  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi-  re 
ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 


382 


JOURNAL  OF  THE  CONVENTION, 


Quorum. 


Mr.  Balch,- 
amendment. 


^r-  Harriman  of  New  Bedford  moved  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  last  session,  adopted  the 
amendment  inserting,  after  line  112,  the  following  paragraph:  - 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensation 
of  judges;  or  relating  to  the  recall  of  judges  or  judicial  decisions; 
or  relating  to  the  powers,  creation  or  abolition  of  courts,  shall  be 
the  subject  of  such  initiative  petition." 

After  debate  Mr.  Pillsbury  of  Wellesley  moved,  there  being  no 
objection,  that  the  consideration  of  the  motion  to  reconsider  be 
postponed  temporarily;  .and  this  motion  prevailed. 

After  further  debate  Mr.  Washburn  of  Middleborough  moved 
that  the  amendment  previously  moved  by  Mr.  Quincy  of  Boston 
be  amended,  in  the  third  paragraph  thereof,  by  inserting  after  the 
word  "for",  in  line  2,  the  words  "each  of  the  measures  or  for 
only  one  of  the  measures,  as  may  be  provided  by  law,". 

Mr.  Mahoney  of  Boston  doubted  the  presence  of  a  quorum; 
and  the  Chair  (Mr.  French)  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Quincy, 
there  being  no  objection,  moved  that  the  further  consideration 
of  his  pending  amendment  be  postponed  until  after  the  considera- 
tion of  other  amendments;  and  this  motion  prevailed. 

Mr.  Balch  of  Boston  then  moved  that  the  resolution  be 
amended  by  adding  at  the  end  thereof  the  following  paragraph, 
with  the  heading  "  Referendum  Board  ":  — 

1.  A  referendum  board  is  hereby  established  to  consist  of  as 
many  members  as  there  may  from  time  to  time  be  congressional 
districts  in  the  commonwealth,  one  member  to  be  elected  from 
each  such  district  in  such  manner,  and  for  such  term  of  years  not 
less  than  ten,  as  the  legislature  may  from  time  to  time  determine, 
provided  that  nominations  shall  be  without  political  designation. 

2.  No  measure,  whether  originating  in  an  initiative  petition  or 
in  the  legislature,   shall  be  submitted   to  the  people  for  direct 
popular  vote  unless  it  shall  first  have  been  submitted   to  the 
said  board  in  such  manner  and  at  such  time  as  the  legislature 
may  from  time  to  time  determine,   and  unless   at  least  three- 
quarters  of  said  board  shall  first  have  certified  in  writing  sub- 
stantially as  follows: 

"  We,  the  undersigned  members  of  the  referendum  board,  certify 
that  we  have  personally  examined  carefully  and  fully  into  the 
matter  of  a  measure  entitled  (here  giving  the  title  of  the  meas- 
ure) submitted  to  us  as  the  proposed  subject  of  a  popular  vote, 
and  without  regard  to  our  individual  political,  racial,  religious 
or  economic  views  or  affiKations  we  express  our  opinion  as  fol- 
lows :  — 

1.  It    contains    no    self -contradictory    or    inconsistent    provi- 
sions. 

2.  It  contains  nothing  contradictory  of,  or  inconsistent  with, 
existing  laws  which  does  not  clearly  appear  on  its  face. 

3.  It  is  not  contradictory  of,  or  inconsistent  with,  any  other 


THUKSDAY,  OCTOBER  25,  1917.  383 

measure  which  has  been  submitted  to  us  to  be  voted  on  at  the 
same  election;  or  if  so  contradictory  or  inconsistent  then  is  ca- 
pable of  being  arranged  as  an  alternative  measure  in  the  manner 
hereafter  pointed  out. 

4.  It    is    as    clearly    and    briefly    expressed    as    is    reasonably 
practicable. 

5.  It  is  not  misleading  in  its  title  or  phraseology. 

6.  It  and  its  title  are  so  expressed  as  not  to  give  unfair  ad- 
vantage to  either  the  affirmative  or  the  negative. 

7.  It  touches  only  one  subject;    or  subjects  so  related  as  not 
fairly  to  require  separation. 

8.  It   touches    a    matter   which   has    been   publicly   discussed, 
whether  in   the  press   or   elsewhere,   to   such   an   extent,   or  for 
such  a  time,  that  a  popular  vote  upon  it  is  likely  to  be  reasonably 
well-informed. 

9.  It  touches  a  matter  of  such  large  and  general  public  interest 
as  renders  it  probable  that  not  less  than  two-thirds  of  the  regis- 
tered voters  will  act  upon  it. 

10.  It  contains  nothing  which  requires  a  special  technical  edu- 
cation,  as  distinguished  from  a  good  general  education,  for  its 
understanding;    and  contains  nothing  which  requires  the  sifting 
of  bulky  and  conflicting  evidence  of  technical  facts  for  its  decision. 

11.  (Here  the  board  may,  if  it  sees  fit,  give  brief  reasons  for 
any  adverse  decisions,  with  or  without  suggestions  for  possible 
improvement  or  for  the  arrangement  of  conflicting  measures  as 
alternatives,  and  the  like;   the  minority  of  the  board,  if  any,  hav- 
ing a  like  privilege). 

At  three  minutes  before  one  o'clock,  on  motion  of  Mr.  George  Recess, 
of  Haverhill,  a  recess  was  taken  until  two  o'clock;    at  which  hour 
the  Convention  reassembled. 

The  President  requested  the  Sergeant-at-Arms  to  secure  the  Quorum, 
attendance  of  a  quorum. 

Soon  afterward  Mr.  Hall  of  Taunton  moved  that  the  roll  be 
called,  to  ascertain  if  a  quorum  was  present;  and  this  motion 
prevailed. 

The  roll  was  then  called;  and  185  members  answered  to  their 
names,  as  follows:  — 

Messrs.  Adams,  Brooks  Messrs.  Bicknell,  Wallace  H. 

Adams,  Charles  Francis  Bodfish,  John  D.  W. 

Adams,  Smith  J.  Bolster,  Percy  G. 

Anderson,  Frederick  L.  Bosworth,  Henry  H. 

Aylward,  James  F.  Boucher,  Joseph  Zoe'l 

Bailey,  Charles  O.  Bouve",  Walter  L. 

Balch,  Francis  N.  Boyden,  Frank  L. 

Ballantyne,  John  Boyer,  Elmer  E. 

Bangs,  Francis  R.  Brackett,  John  Q.  A. 

Barnes,  George  L.  Brennan,  James  J. 

Barrett,  James  T.  Brine,  Henry  C. 

Bartlett,  Horace  I.  Broderick,  Patrick  S. 

Bassett,  Edmund  Brooks,  George  F. 

Batchelder,  Albert  W.  Brown,  E.  Gerry 

Bates,  John  L.  Brown,  Samuel  F. 

Bennett,  Frank  P.  Bruce,  Charles 

Bergengren,  Roy  F.  Bryant,  Lincoln 

Besse,  Harold  A.  Bullock,  William  J. 


384 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddmgs,  Charles 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 


Messrs.  Kelley,  George  W. 

Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Mahoney,  John  J. 
McAnarney,  John  W. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moore,  Charles  D.  C. . 
Moran,  William 
Moriarty,  James  T. 
Morton,  James  M. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Shanahan,  William  J. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 


THURSDAY,  OCTOBER  25,  1917. 


385 


Messrs.  Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 


Messrs.  Whittier,  Eugene  P. 

Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

The  pending  amendment,  moved  by  Mr.  Balch  of  Boston,  was  Mr.  Balch, — 

,,  .  amendment. 

then  rejected. 

Mr.  Churchill  of  Amherst  moved  that  the  resolution  be 
amended  by  striking  out,  in  lines  164  and  165,  the  words  "or 
part  thereof". 

After  debate  this  amendment  was  adopted. 

The  amendment  previously  moved  by  Mr.  Luce  of  Waltham,  Mr.  Luce,  — 
that  the  resolution  be  amended  by  adding  at  the  end  of  line  111,  w 
as   amended,   the  words   "or   to   an   individual,   association,   or 
corporation",  was  considered. 

At  the  request  of  Mr.  Youngman  of  Boston,  there  being  no  Motion  to 
objection,  the  pending  motion  of  Mr.  Harriman  of  New  Bedford  r€ 
was  first  considered,  —  being  the  motion  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  last  session,  adopted  the 
amendment  inserting,  after  line  112,  the  following  paragraph:  — 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensation 
of  judges;  or  relating  to  the  recall  of  judges  or  judicial  decisions; 
or  relating  to  the  powers,  creation  or  abolition  of  courts,  shall  be 
the  subject  of  such  initiative  petition." 

After  debate  the  motion  to  reconsider  was  negatived,  by  a 
vote  of  72  to  121. 

After  debate  on  the  foregoing  amendment  moved  by  Mr.  Luce  Mr.  Luce,  — 
the  question  was  put,  and  110  members  voted  in  the  affirmative  w 
and  104  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer  of  Lynn;  and  on  the  roll  call  123 
members  voted  in  the  affirmative  and  132  in  the  negative,  as 
follows:  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 


Messrs.  Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 


JOURNAL  OF  THE  CON  MM  ION, 


M, 


Coll 
C 

C 
C 
Cr 


Codman.  James  M.,  Jr. 
Coo.  S.  Hamilton 
Collier,  David  R. 

Samuel  L 
Clement  F. 

enjamin  A. 

,  /olotw  W. 
.vman  A. 
Crosby.  J.  llowcll 
Orossley.  William  Cyril 
Curtis.  KdwinV. 
Curtiss,  Elmer  L. 

JohnF. 
Dale.  Cuvnse  II. 
Davis. 

Davis,  William  R. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Fertvy.  Irving  D. 
Ferry.  James  R. 
Fisher,  Edward 
FiU-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French.  Asa  P. 
Gates.  Jos,  •  '    - 
Gaylord,  Henry  E. 
Georso.  Samuel  \V. 
Giddings,  Charles 
Gleason.  Nesbit  C,. 
Hale,  Edward  R. 
Hall.  F.Hsha  S. 
Hall.  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutching.  Henry  M. 
Jones.  George  R." 
Kelley.  Cuvrco  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Logan,  James 
I-orinj:.  August  us  P. 
Lowe,  Arthur  H. 


Messrs.  Unveil,  .lames  A. 
l.uee.  Robert 
l.ufkin.  \\illfrea  W. 
Lnmmus,  Henry  T. 
1  .yinan.  Frank  K. 
^icAna^u\v.  John  W. 
Morriam.  John  M. 
Montague.  Pavid  T. 
Moore.'  Charles  D.  C. 
Morton.  James  M. 
Parker.  Cuvr^o  S. 
Parker.  Herbert 
Parkman.  Henry 
Pillsbury.  Albert  K. 
Powers.  Samuel  1.. 
Putnam,  Harry  \\. 
Ueidy.  Michael  J. 
Ixiehardson,  Fihvard  A. 
Uichardson.  James  P. 
Saunders.  Amos   V. 
Shattuek.  Josiah  B. 

Smith,  Jerome  S. 

Steams.  Harry  N. 
Stoncman.  Havid 
SiUlivau,  Edmund  G. 

S'Wiv '    ,1  o-s 1 

Tatman.  Charles  T. 
Thompson.  Hubert  C. 
Thompson.  John  L. 
Tilton.  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill.  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Weekes,  George  Lelloy 
Wellman,  Arthur  Holl 
Wheeler.  William 
White.  John  A. 
Whitticr.  Fucene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wood,  Charle 
Youngman,  William  S. 


NATS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 

Ayiwarxi.  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Borcencren.  Kov  F. 
BicknelL  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Brennan,  James  H. 
James  J. 


Brine,  Henry  C. 


Messrs.  Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
CosteUo,  Francis  M. 
Coughlan,  Wilh'am  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 


THURSDAY,  OCTOBER  25,  1917. 


was  rejected. 

Mr.  O'Connefl  of  Boston  being  in  the  chair,  Mr. 
moved  that  the  resolution  be  amended  by  uddf^g  at 
fine  111,  as  amended,  the  words  ",  and  no  law  catting  for 
priation  of  money  from  the  Ueasaii  of  the 
cept  for  purposes  incidental  to  the 

After  debate  the  sense  of  die  Convention  was  taken  by 
and  nays,  at  the  request  of  Mr.  Creamer  of  Lynn;  and  oa  the 
rofl  call  115  members  voted  in  the  affirmative  and  130  in  the 
negative,  as  follows:  — 


388 


JOUKNAL  OF  THE  CONVENTION, 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 

Cook,  Benjamin  A. 

Coombs,  Zelotes  W. 

Crafts,  Lyman  A. 

Crosby,  J.  Howell 

Crossley,  William  Cyril 

Curtis,  Edwin  U. 

Cusick,  John  F. 

Dale,  George  H. 

Davis,  Elbridge  G. 

Davis,  William  R. 

Dellinger,  Raymond  P. 

Dresser,  Frank  F. 

Dutch,  Charles  Frederick 

Farnsworth,  Frank  S. 

Feiker,  William  H. 

Ferrey,  Irving  D. 

Ferry,  James  R. 

Fisher,  Edward 

Fitz-Randolph,  Reginald  T. 

Fraser,  Eugene  B. 

Gates,  Joseph  S. 

George,  Samuel  W. 

Giddings,  Charles 

Gleason,  Nesbit  G. 

Hall,  Elisha  S. 

Hall,  Frederick  S. 

Hall,  Isaac  Freeman 


Messrs.  Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 

Shea,  John  M. 

Smith,  Jerome  S. 

Stearns,  Harry  N. 

Stoneman,  David 

Sullivan,  Edmund  G. 

Sweet,  Joseph  L. 

Tatman,  Charles  T. 

Theller,  Ralph  L. 

Thompson,  Hubert  C. 

Thompson,  John  L. 

Tilton,  Rufus  H. 

Trefry,  William  D.  T. 

Turner,  Joseph 

Underhill,  Charles  L. 

Walcott,  Robert 

Washburn,  Charles  G. 

Waterman,  George  B. 

Weekes,  George  LeRoy 

Wellman,  Arthur  Holbrook 

Wheeler,  William 

White,  John  A. 

Whittier,  Eugene  P. 

Willett,  George  Franklin 

Williams,  Fred  Homer 

Wing,  Herbert 

Wood,  Charles  J. 

Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 


Messrs.  Barrett,  James  T. 

Batchelder,  Albert  W. 
Bates,  Sanford 


THURSDAY,  OCTOBER  25,  1917. 


389 


Messrs.  Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Larson,  Charles  G. 


Messrs.  Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
Mclsaac,  t>aniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


115  yeas;  130  nays. 
Therefore  the  amendment  was  rejected. 


390 


JOURNAL  OF  THE  CONVENTION, 


Motion  to 
reconsider. 

Adjournment. 


Mr.  Creamer  of  Lynn  moved  that  the  vote  be  reconsidered. 
Pending  the  question  on  this  motion, — 

Mr.  Underbill  of  Somerville  moved  that  the  Convention  ad- 
journ; and  this  motion  prevailed. 

Accordingly,  at  twenty-one  minutes  after  four  o'clock  (Mr. 
O'Connell  of  Boston  being  in  the  chair),  the  Convention  ad- 
journed, to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


FRIDAY,  OCTOBER  26,  1917. 


391 


FRIDAY,  October  26,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.   Roland   D.   Sawyer  of  Ware,   a 
member  of  the  Convention. 

Quorum. 

Mr.  Lowe  of  Fitchburg  moved  that  the  roll  be  called,  to  ascer-  Quorum, 
tain  if  a  quorum  was  present;    and  this  motion  prevailed. 

The  roll  was  called;  and  187  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Barrett,  James  T. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 


Messrs.  Corrigan,  Robert  S. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  James  A. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Hall,  Elisha  S. 


392 


JOURNAL  OF  THE   CONVENTION, 


Messrs.  Hall,  Frederick  S. 

Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 


Messrs.  O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


Edward  A. 
Sweeney. 


Fred  Homer 
Williams. 


Leave  of  Absence. 

On  motion  of  Mr.  Sweet  of  Attleboro,  — 
Voted,  That  Mr.   Sweeney  of   Attleboro  be  granted  leave  oi 
absence,  under  Rule  13,  on  account  of  illness. 

On  motion  of  Mr.  Codman  of  Brookline,  — 

Ordered,  That  Mr.  Williams  of  Brookline  be  granted  leave  of 
absence,  under  Rule  13,  for  one  week,  on  account  of  important 
business  engagements  in  the  West. 


FRIDAY,  OCTOBER  26,  1917.  393 


Reprinting  of  a  Document. 

Mr.  Day  of  Winchendon  moved  that  Document  No.  364  be  Public  funds, 
reprinted,  being  a  report  of  the  committee  on  Rules  and  Pro-  ^  cXin* 
cedure  and  the  committee  on  Amendment  and   Codification  of  institutions. 
the    Constitution,    sitting   jointly,    recommending    the    adoption 
of  an  order  providing  for  placing  on  the  ballot  at  the  coming 
state  election  the  article  of  amendment  contained  in  the  Resolu- 
tion relative  to  the  support  of  certain  institutions  from  public 
funds;    and  this  motion  was  referred,  under  the  provisions  of 
a  standing  order,  to  the  committee  on  Rules  and  Procedure. 

0 
Vacancy  in  the  Tenth  Plymouth  Representative  District. 

The  consideration  of  the  following  order,  offered  by  Mr.  Brown 
of  Brockton,  was  postponed  until  the  next  session,  at  the  re- 
quest of  Mr.  Parkman  of  Boston:  — 

Ordered,    That  the  committee  on  Elections  consider  and  report  vacancy  in 
on  the  question  of  recommending  that  William  C.   Drohan  of  p}^outh 
Brockton,  who  received  the  third  highest  number  of  votes  cast  Representative 
in  the  primary  and  at  the  election  of  delegates  to  this  Conven-  wuiiam'c. 
tion  from  the  Tenth  Plymouth  Representative  District,  be  seated 
in  this  Convention  to  fill  the  vacancy  now  existing  in  said  dis- 
trict, provided  that  the  said  Drohan  does  not  receive  any  com- 
pensation other  than  mileage,   and  such  compensation,  if  any, 
as  may  be  voted  in  addition  to  the  salary  already  paid  out  on 
account  of  the  vacant  membership  in  said  district. 

Motion  to  Discharge  from  the  Orders  of  the  Day. 

Mr.  Luce  of  Waltham  moved  that  the  report  of  the  committee  Address  to 
on  Rules  and  Procedure  (sitting  jointly  with  the  committee  on  J^^to 
Amendment  and  Codification  of  the  Constitution),  recommending  amendments 
an  address  to  the  people  with  reference  to  the  amendments  to  be 
submitted  at  the   1917  state  election,   and  the  adoption  of  an 
order  relative  to  the  publication  thereof  (see  Doc.  No.  366),  be 
discharged  from  the  Orders   of  the   Day,   under  Rule  39,   and 
considered. 

After  debate,  the  previous  question  having  been  ordered,  on 
motion  of  Mr.  Washburn  of  Worcester,  the  motion  of  Mr.  Luce 
was  negatived. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 
ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

Mr.  Creamer  of  Lynn  asked  unanimous  consent  to  withdraw  Motion  to 
his  pending  motion  that  the  vote  be  reconsidered  by  which  the  reconsider- 
Convention,  at  the  last  session,  rejected  the  amendment  (moved 
by  Mr.  Luce  of  Waltham)  adding  at  the  end  of  line  111,  as  amended, 
the  words  ",  and  no  law  calling  for  an  appropriation  of  money 


394 


JOURNAL  OF  THE  CONVENTION, 


Motion  to 
reconsider. 


from  the  treasury  of  the  commonwealth,  except  for  purposes  in- 
cidental  to  the  administration  thereof,". 

Objection  was  made  by  several  members. 

After  debate  the  question  was  put  on  the  motion  to  recon- 
sider, and  108  members  voted  in  the  affirmative  and  77  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
120  members  voted  in  the  affirmative  and  115  in  the  negative,  as 
follows :  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 


YEAS. 

Messrs.  Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S.  , 

Lane,  Daniel  W. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 


FRIDAY,  OCTOBER  26,   1917. 


395 


Messrs.  Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 


Messrs.  Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Kelly,  Luke  L. 

Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F.   • 
O'Connor,  John  D. 
Peirce,  Albion  G. 
PeUetier,  Joseph  C. 
Peterson,  Patrick 

guinn,  Timothy  F. 
eidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 


396 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 


Messrs.  Winslow,  Guy  M. 

Wonson,  Carlton  W. 


120  yeas;  115  nays. 


Motion  to 
postpone. 


Mr.  McAnar- 
ney, — 

amendment. 


Mr.  Clapp,  — 

amendment. 


Mr.  Luce,  — 
amendment. 


Therefore  the  motion  to  reconsider  prevailed. 

Pending  the  recurring  question  on  the  adoption  of  the  amend- 
ment, Mr.  Luce  of  Waltham  asked  unanimous  consent  to  be 
allowed  to  move  that  the  further  consideration  of  the  amend- 
ment be  postponed  until  after  the  consideration  of  other  amend- 
ments. Objection  was  made  by  Mr.  Walker  of  Brookline. 

Mr.  McAnarney  of  Quincy  moved  that  the  amendment  be 
amended  by  striking  out  the  words  "calling  for  an  appropria- 
tion", and  inserting  in  place  thereof  the  words  "appropriating 
a  specific  sum  ". 

After  debate  Mr.  Clapp  of  Lexington  moved  that  the  amend- 
ment be  amended  by  striking  out  the  words  proposed  to  be 
added,  and  inserting  in  place  thereof  the  words  ",  and  no  law 
making  a  specific  appropriation  of  money  from  the  treasury  of  the 
commonwealth  ". 

After  further  debate  the  amendments  moved  by  Messrs. 
McAnarney  and  Clapp  were  severally  adopted. 

The  question  was  then  put  on  the  adoption  of  the  amendment, 
as  thus  amended,  and  108  members  voted  in  the  affirmative  and 
65  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
117  members  voted  in  the  affirmative  and  109  in  the  negative,  as 
follows :  — 

YEAS. 


Messsr.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jf. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 


Messrs.  Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 


FRIDAY,  OCTOBER  26,  1917. 


397 


Messrs.  French,  Asa  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 

Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  James  A. 


Messrs.  Parkman,  Henry 

Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Doran,  James  P. 

Driscoll,  Dennis  D. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 


398 


JOUENAL  OF  THE  CONVENTION, 


Messrs.  Merrill,  George  Frye 

Michelman,  Joseph 

Mitchell,  John 

Moran,  William 

Moriarty,  James  T. 

Morrill,  Charles  H. 

Moynihan,  James  J. 

Murley,  Joseph  J. 

Myron,  John  F. 

Nestor,  Patrick  F. 

Newhall,  Arthur  N. 

Newton,  H.  Huestis 

O'Connell,  John  P. 

O'Connell,  Joseph  F. 

O'Connor,  John  D. 

Peirce,  Albion  G. 

Pelletier,  Joseph  C. 

Peterson,  Patrick 
incy,  Josiah 
inn,  Timothy  F. 
ss,  Samuel 

Sawyer,  Roland  D. 


Messrs.  Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Span-ell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Mr.  Luce,  — 
amendment. 


Adjournment. 


117  yeas;  109  nays. 

Therefore  the  amendment,  as  amended,  was  adopted,  as  fol- 
lows: Adding  at  the  end  of  line  111,  as  amended,  the  words  ",  and 
no  law  making  a  specific  appropriation  of  money  from  the  treas- 
ury of  the  commonwealth  ". 

Mr.  Parkman  of  Boston  then  moved  that  the  Convention  ad- 
journ; and  this  motion  was  adopted,  by  a  vote  of  98  to  66. 

Accordingly,  at  nineteen  minutes  before  one  o'clock,  the  Con- 
vention adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


TUESDAY,  OCTOBER  30,  1917. 


399 


TUESDAY,  October  30,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.   William  Bernard  Geoghegan  of 
New  Bedford. 

Quorum. 

Mr.  Lowe  of  Fitchburg  moved  that  the  roll  be  called,  to  ascer-  Quorum, 
tain  if  a  quorum  was  present;    and  this  motion  prevailed. 

The  roll  was  called;  and  165  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Aylward,  James  F. 
Bailey,  Charles  O. 
Barker,  Warren  S. 
Barnes,  George  L. 
Barrett,  James  T. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 


Messrs.  Dale,  George  H. 
Daly,  John  W. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
•  Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Flaherty,  William 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 


400 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Love,  Joseph  A. 
Lowe,  Arthur  H. 
•  Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Nutting,  Edward  H. 
O'Connell,  John  P. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C.        < 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 


Messrs.  Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Ross,  Samuel 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
UnderhiU,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


Reports  of 
committees, 
extension  of 
time. 


Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Granfield  of  Springfield,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday, 
November  6,  in  which  to  report  on  matters  before  them. 


Municipal 
Court  of  the 
City  of 
Boston,  — 
engagements 
of  delegates 
of  the 
Convention. 


Attendance  of  Delegates  Equivalent  to  Court  Engagements. 

A  communication  from  Wilfred  Bolster,  Chief  Justice  of  the 
Municipal  Court  of  the  City  of  Boston,  stating  that,  in  response 
to  the  resolution  of  the  Constitutional  Convention  concerning 
court  engagements  of  delegates  of  the  Convention,  "  ...  at 
their  meeting,  on  October  8,  1917,  the  justices  of  this  court  voted 
that  the  attendance  of  delegates  at  the  Constitutional  Convention 
should  be  treated  as  equivalent  to  court  engagements  of  such 
delegates.  Such  has  since  that  date  been  the  practice  of  this 
court",  —  was  read;  and  the  communication  was  placed  on  file. 


TUESDAY,  OCTOBER  30,  1917.  401 


Vacancy  in  the  Tenth  Plymouth  Representative  District. 

The  following  order,  offered  by  Mr.  Brown  of  Brockton,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered:  — 

Ordered,  That  the  committee  on  Elections  consider  and  report  Vacancy  in 
on  the  question  of  recommending  that   William  C.   Drohan  of  Plymouth 
Brockton,  who  received  the  third  highest  number  of  votes  cast  §ispt^tn— tive 
in  the  primary  and  at  the  election  of  delegates  to  this  Conven-  wmiam'c. 
tion  from  the  Tenth  Plymouth  Representative  District,  be  seated  Brockton? 
in  this  Convention  to  fill  the  vacancy  now  existing  in  said  dis- 
trict, provided  that  the  said  Drohan  does  not  receive  any  com- 
pensation other  than  mileage,   and  such  compensation,   if  any, 
as  may  be  voted  in  addition  to  the  salary  already  paid  out  on 
account  of  the  vacant  membership  in  said  district. 

After  debate  Mr.  Sullivan  of  Salem  moved  that  the  order  be  Mr.  Sullivan,  — 
amended  by  the  substitution  of  the  following:  —  amendment. 

"  Ordered,  That  the  General  Court  of  1918  be  requested  to  take 
such  action  as  may  be  necessary  to  fill,  by  special  election,  any 
vacancies  that  may  exist  in  the  membership  of  this  Convention 
on  March  15,  1918." 

After  further  debate,  the  previous  question  having  been  or- 
dered, on  motion  of  Mr.  Chandler  of  Somerville,  the  amendment 
was  rejected. 

The  order  was  then  rejected. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

Mr.  Ross  of  New  Bedford  moved  that,  unless  a  vote  be  sooner  Limit  of 
reached,  debate  be  closed  at  eleven  o'clock  A.M.  on  Thursday,  debate- 
November  1,  and  that  a  member  of  the  minority  and  a  member 
of  the  majority  of  the  committee  on  Initiative  and  Referendum 
each  be  allowed  fifteen  minutes  at  the  close.     After  debate  this 
motion  was  negatived,  by  a  vote  of  65  to  100. 

Mr.  Quincy  of  Boston  withdrew  the  amendment  previously 
moved  by  him,  there  being  no  objection. 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
by  inserting,  after  line  109,  the  following  paragraph: - 

"If,  of  the  measures  introduced  into  the  general  court  by 
initiative  petition  in  any  one  year,  more  than  five  fail  of  enact- 
ment by  the  general  court,  and  the  petitions  relating  to  more 
than  five  are  duly  completed,  the  five  that  received  the  larger 
votes  of  the  senate  and  house  of  representatives  combined,  and 
no  more,  shall  be  submitted  to  the  people  at  the  next  state 
election.  The  measures  not  so  submitted  shall  be  deemed  to  be 


402 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Luce,  — 
amendment. 


introduced  into  the  next  session  of  the  general  court  and  pending 
in  the  house  of  representatives." 

After  debate  the  question  was  put  on  the  adoption  of  the 
amendment,  and  99  members  voted  in  the  affirmative  and  85 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
109  members  voted  in  the  affirmative  and  138  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H/ 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Giddings,  Charles 
Gleason,  Nesbit  G. 


Messrs.  Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Look,  William  J 
Loring,  Augustus  P 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


TUESDAY,  OCTOBER  30,  1917. 


403 


Messrs.  Whittier,  Eugene  P. 

Willett,  George  Franklin 
Wing,  Herbert 

Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Harding,  Clarence  W. 


Messrs.  Wood,  Charles  J. 

Youngman,  William  S. 


NAYS. 


Messrs.  Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 


404 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  Wi  Ham  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 


Messrs.  Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


Mr.  Bosworth, 
—  amendment. 


YES. 

NO. 

YES. 

NO. 

Mr.  Bryant,  — 
amendments. 


109  yeas;  138  nays. 

Therefore  the  amendment  was  rejected. 

On  motion  of  Mr.  Bosworth  of  Springfield  the  resolution  was 
then  amended  by  striking  out*  lines  197  to  201,  inclusive,  and 
inserting  in  place  thereof  the  following:  — 

"In  the  case  of  an  amendment  to  the  constitution:    Shall  an 
amendment    to    the    constitution     (here    insert    de- 
scription,   and    state,    in    distinctive    type,    whether 
approved    or    disapproved    by    the    general    court, 
and  by  what  vote  thereon)  be  approved? 

"In  the  case  of  a  law:    Shall  a  law  (here  insert  description, 
and    state,    in    distinctive    type,    whether    approved 
or  disapproved  by  the  general  court,  and  by  what 
vote  thereon)  be  approved?" 

Mr.  Bryant  of  Milton  moved  that  the  resolution  be  amended 
as  follows:  — 

By  inserting  after  the  words  "not  earlier  than",  in  line  95, 
the  words  "the  first  Wednesday  of  the  August  and  not  later 
than";  and 

By  inserting,  after  line  109,  the  following  paragraph:  - 

"If  an  initiative  petition  for  a  constitutional  amendment  or 
for  a  law,  signed  by  ten  qualified  voters,  shall  be  filed  with  the 
secretary  of  the  commonwealth  not  later  than  the  first  Wednes- 
day of  September  as  hereinbefore  provided,  then  at  any  time 
before  the  first  Wednesday  of  the  following  October  a  petition 
concerning  the  same  general  subject,  signed  by  ten  qualified 
voters,  may  be  filed  with  the  secretary  of  the  commonwealth, 
and  if  signatures  as  hereinbefore  required  for  an  original  petition 
shall  be  filed  not  later  than  the  first  Wednesday  of  the  following 
December,  the  secretary  of  the  commonwealth  shall  transmit  any 
such  petition  to  the  clerk  of  the  house  of  representatives,  and 
the  proposed  constitutional  amendment  or  law  which  is  the 
subject  of  such  petition  shall  then  be  deemed  to  be  introduced 
into  that  general  court  and  pending  in  the  house  of  representa- 
tives. The  secretary  of  the  commonwealth  shall  give  public 
notice  in  such  manner  as  the  general  court  shall  provide  of  all 
petitions  filed  as  hereinbefore  provided." 

After  debate  these  amendments  were  rejected,  by  a  vote  of 
75  to  94. 

amemiment' ~~  ^r'  Qumcv  °f  Boston  moved  that  the  resolution  be  amended 
by  inserting,  after  line  82,  the  following  paragraphs,  with  the  head- 
ing "Conflicting  and  Alternative  Measures":  — 

"The  general  court  may  by  resolve  passed  by  yea  and  nay 
vote,  either  by  the  two  houses  sitting  separately,  or  in  the 
case  of  a  constitutional  amendment  by  a  majority  of  those 


TUESDAY,  OCTOBER  30,  1917.  405 

present  and  voting  thereon  in  joint  convention  held  as  herein 
provided,  provide  for  the  submission  to  the  people  of  a  sub- 
stitute for  any  measure  introduced  by  initiative  petition  which 
has  been  or  may  be  passed  or  qualified  for  submission  to  the 
people  as  herein  provided,  the  same  to  be  designated  on  the 
ballot  as  the  legislative  substitute  for  such  an  initiative  measure 
and  to  be  grouped  with  the  same  as  an  alternative  therefor; 
provided,  that  any  such  legislative  substitute  for  a  constitutional 
amendment  shall  be  passed  as  above  provided  in  each  of  the 
years  in  which  such  constitutional  amendment  is  passed. 

"  In  case  in  any  judicial  proceeding  any  provisions  of  two  or  Mr.  Quincy,  — 
more  constitutional  amendments,  or  of  two  or  more  laws,  ap-  amendment- 
proved  by  the  people  at  the  same  election,  are  held  to  be  in 
conflict  with  each  other,  then  the  provisions  contained  in  the 
constitutional  amendment,  or  in  the  law,  as  the  case  may  be, 
which  received  the  largest  number  of  affirmative  votes  at  such 
election  shall  be  deemed  to  govern." 

After  debate  this  amendment  was  adopted. 

Mr.    Buttrick    of    Lancaster    moved    that    the    resolution    be  Mr.  Buttrick, 
amended  by  inserting  after  the  word  "signers",  in  line  92,  the  ~~ amendment- 
words  "A  filing  fee  shall  be  required  by  law." 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing  Recess, 
order,  the  President  declared  a  recess  until  two  o'clock;   at  which 
hour  the  Convention  reassembled. 

The  President  requested  the  Sergeant-at-Arms  to  secure  the  Quorum, 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.  Lummus  of  Lynn  moved  Mr.  Lummus,— 
that  the  amendment  moved   by  Mr.    Buttrick   be  amended  by  w 
striking  out  the  words  proposed  to  be  inserted,  and  inserting  in 
place  thereof  the  words  "A  filing  fee  not  exceeding  one  hundred 
dollars  may  be  required  by  law." 

Mr.  Churchill  of  Amherst  moved  that  the  amendment  moved  J^cjmrchffl, 
by  Mr.  Lummus  be  amended  by  inserting  after  the  word  "dollars" 
the  words  ",  which  shall  be  returned  if  and  when  the  petition  is 
completed,". 

There  being  no  objection,  Mr.  Lummus  accepted,  as  a  part  of 
his  amendment,  the  amendment  moved  by  Mr.  Churchill. 

After  further  debate  the  amendment  moved  by  Mr.  Lummus, 
as  thus  modified,  was  adopted,  by  a  vote  of  93  to  73;  and  the 
amendment  moved  by  Mr.  Buttrick,  as  thus  amended,  was  adopted, 
by  a  vote  of  104  to  62. 

Mr.  Underbill  of  Somerville  moved  that  the  resolution  be  Mr.  Underbill, 
amended  by  adding  at  the  end  of  line  111,  as  amended,  the  -amendment, 
words  ",  and  no  law  affecting  labor  organizations". 

After  debate  (Mr.  Glazier  of  Hudson  being  in  the  chair)  this 
amendment  was  rejected. 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended 
by  inserting,  after  the  paragraph  previously  inserted  after  line  112, 
the  following  paragraph:  — 

"  No  proposed  law  shall  contain  unrelated  subjects." 

After  debate  this  amendment  was  adopted. 


406 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Luce, — 
amendment. 


Mr.  Luce  then  moved  that  the  resolution  be  amended  by  in- 
serting after  the  foregoing  amendment  the  following  paragraph:  — 

"A  proposed  law  shall  be  confined  to  a  specific,  concrete 
proposition,  unaccompanied  by  administrative  or  technical  de- 
tail, but  may  direct  what  agency  of  government  shall  administer 
it." 

After  debate  the  question  was  put  on  the  adoption  of  this 
amendment,  and  101  members  voted  in  the  affirmative  and  100 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
114  members  voted  in  the  affirmative  and  126  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M .,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 


Messrs.  Fitz-Randolph,  Reginald 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 


T. 


TUESDAY,  OCTOBER  30,  1917. 


407 


Messrs.  Sweet,  Joseph  L. 

Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 


Messrs.  Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W-  ' 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 


Messrs.  Weekes,  George  LeRoy 

Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
»  Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 


408 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 


Messrs.  Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Limit  of 
debate. 


Motion  to 
adjourn. 


114  yeas;  126  nays. 

Therefore  the  amendment  was  rejected. 

Mr.  Walker  of  Brookline  then  moved  that,  unless  a  vote  be 
sooner  reached,  debate  be  closed  at  half-past  eleven  o'clock  A.M. 
on  Thursday,  November  1,  and  that  a  member  of  the  minority 
and  a  member  of  the  majority  of  the  committee  on  Initiative 
and  Referendum  each  be  allowed  fifteen  minutes  at  the  close. 

After  debate  Mr.  Creamer  of  Lynn  moved  the  previous  question. 

Mr.  Lane  of  Boston  then  moved  that  the  Convention  adjourn; 
and  on  this  motion  91  members  voted  in  the  affirmative  and  84 
in  the  negative. 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call  82 
members  voted  in  the  affirmative  and  117  in  the  negative,  as 
follows:  — 


YEAS. 


Messrs.  Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H.  • 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Dale,  George  H. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 


Messrs.  Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T 
Fraser,  Eugene  B. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Parker,  Herbert 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 


TUESDAY,  OCTOBER  30,   1917. 


409 


Messrs.  Smith,  Jerome  S. 

Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 


Messrs.  Adams,  Scott 

Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F.   ' 
Bailey,  Charles  O. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Kerr,  Alexander 


Messrs.  Tilton,  Rufus  H. 

Washburn,  Albert  H. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Willett,  George  Franklin 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Kilbon,  John  L. 

Kinney,  William  S. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Luce,  Robert 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  James  P. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Twomey,  John  C. 
Walker,  Joseph 
Walsh,  David  I. 


410 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  White,  John  A. 

Whitehead,  James 
Whittier,  Eugene  P. 


Messrs.  Winslow,  Guy  M. 

Wonson,  Carlton  W. 


82  yeas;  117  nays. 


Motion  to 
adjourn. 


Limit  of 
debate. 


Therefore  the  motion  to  adjourn  was  negatived. 

Mr.  Creamer  of  Lynn  (the  President  having  resumed  the 
chair)  withdrew  his  motion  for  the  previous  question,  there  being 
no  objection. 

Mr.  Kinney  of  Boston  then  moved  that  the  Convention  ad- 
journ; and  this  motion  was  negatived,  by  a  vote  of  84  to  85. 

The  question  was  then  put  on  the  motion  of  Mr.  Walker  (that 
debate  be  closed  at  half-past  eleven  o'clock  on  Thursday  next), 
and  81  members  voted  in  the  affirmative  and  91  in  the  negative. 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Walker;  and  on  the  roll  call  98  members 
voted  in  the  affirmative  and  100  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
•Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 


Messrs.  Harding,  Clarence  W. 
.Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Jones,  George  R. 
Kerr,  Alexander 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney, .  Martin  M. 
Love,  Joseph  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Mitchell,  Charles 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stoeber,  Charles 


TUESDAY,  OCTOBER  30,   1917. 


411 


Messrs.  Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 

Messrs.  Adams,  Scott 

Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 


Messrs.  Twomey,  John  C. 
Walker,  Joseph 
Walsh,  David  I. 
Whitehead,  James 

Winslow,  Guy  M. 
Wonson,  Carlton  W. 

NAYS. 

Messrs.  Hall,  Elisha  S. 

Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
KeUey,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Parker,  Herbert 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Til  ton,  Rufus  S. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Wellman  Arthur  Holbrook 
Wheeler  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wood,  Charles  J. 
Youngman,  William  S. 


98  yeas;  100  nays. 

Therefore  the  motion  to  close  debate  was  negatived. 

Mr.   Churchill   of  Amherst  then   moved  that  the   Convention  Adjournment, 
adjourn;    and  this  motion  prevailed.    • 

Accordingly,  at  twenty  minutes  before  five  o'clock,  the  Con- 
vention adjourned,^  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


412 


JOURNAL   OF  THE   CONVENTION, 


WEDNESDAY,  October  31,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Harry  P.  Rankin  of  Boston. 


Quorum. 

Quorum.  ]y[r    Richardson  of  Newton  moved  that  the  roll  of  the  Con- 

vention be  called,  to  ascertain  if  a  quorum  was  present;   and  this 
motion  prevailed. 

The  roll  was  called;   and  200  members  answered  to  their  names, 
as  follows :  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bates,  Sanford 
Besee,  Harold  A. 
Bicknell,  Wallace  H. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns>  William  A. 
Butler,  A.  Webster 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 


Messrs.  Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  CHarles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 


WEDNESDAY,  OCTOBER  31,  1917. 


413 


Messrs.  George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 


Messrs.  O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 


414 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Kilbon,  — 
amendment. 


ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

Mr.  Kilbon  of  Springfield  moved  that  the  resolution  be 
amended  by  striking  out,  in  line  187,  the  words  "twenty-five 
per  cent",  and  inserting  in  place  thereof  the  word  "one-eighth". 

After  debate  the  question  was  put  on  the  adoption  of  this 
amendment,  and  101  members  voted  in  the  affirmative  and  70 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
122  members  voted  in  the  affirmative  and  105  in  the  negative, 
as  follows:  — 

YEAS. 


Messrs.  Adams,  Scott 

A  very,  Nathan  P. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv6,  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 


Messrs.  Dresser,  Frank  F. 

Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charleg  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 


WEDNESDAY,  OCTOBER  31,  1917. 


415 


Messrs.  Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D,  W. 
Boucher,  Joseph  Zoel 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 


Messrs.  Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Willett,  George  Franklin 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Horgan,  Francis  J. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 


416 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 


Messrs.  Webster,  Francis  E. 
Whitehead,  James 
Winslow,  Guy  M. 


122  yeas;  105  nays. 


Mr.  Fitz- 
Randolph,  — 
amendment. 


Mr.  Washburn, 
—  amendment. 


Mr.  Kilbon,  - 
amendment. 


Mr.  Quincy,  • 
amendment. 


Mr.  Washburn, 
—  amendment. 


Therefore  the  amendment  was  adopted. 

Mr.  Fitz-Randolph  of  Nantucket  moved  that  the  resolution 
be  amended  by  adding  after  the  word  "county",  in  line  189, 
the  words  ",  and  there  shall  be  the  signatures  of  at  least  four 
per  cent  of  the  registered  voters  of  every  county". 

After  debate  this  amendment  was  rejected,  by  a  vote  of  56 
to  95. 

Mr.  Washburn  of  Middleborough  moved  that  the  resolution 
be  amended  by  striking  out,  in  lines  136  and  137,  the  words 
"fifteen  thousand  qualified  voters  of  the  commonwealth",  and 
inserting  in  place  thereof  the  words  "five  per  cent  of  such 
qualified  voters  of  the  commonwealth,  calculated  upon  the  whole 
number  of  votes  cast  for  governor  at  the  last  preceding  election". 

After  debate  Mr.  Kilbon  of  Springfield  moved  that  the  amend- 
ment moved  by  Mr.  Washburn  be  amended  by  striking  out  the 
word  "five",  and  inserting  in  place  thereof  the  word  "four". 

After  further  debate  Mr.  Quincy  of  Boston  moved  that  the 
amendment  moved  by  Mr.  Washburn  be  amended  by  striking 
out  the  words  proposed  to  be  inserted,  and  inserting  in  place 
thereof  the  words  "qualified  voters  of  the  commonwealth  equal 
in  number  to  four  per  cent  of  the  whole  number  of  votes  cast 
for  governor  at  the  last  preceding  election". 

The  amendments  moved  by  Messrs.  Kilbon  and  Quincy  were 
severally  rejected. 

The  question  was  then  put  on  fhe  adoption  of  the  amendment 
moved  by  Mr.  Washburn,  and  119  members  voted  in  the  affirm- 
ative and  93  in  the  negative. 

The  sense  of  the  convention  was  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
123  members  voted  in  the  affirmative  and  121  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Scott 

Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 


Messrs.  Brooks,  George  F. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 


WEDNESDAY,  OCTOBER  31,  1917. 


417 


Messrs.  Cook,  Rufus  H. 

Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 


Messrs.  Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 


Messrs.  Burrell,  Fred  J. 

Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 


418 


JOURNAL  OF  THE  CONVENTION, 


Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flye,  Louis  Edwin 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  D  wight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joesph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 


Messrs.  Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whitehead,  James 
Winslow,  Guy  M. 


123  yeas;  121  nays. 


Mr.  Walcott,  — 
amendment. 


Quorum. 


Therefore  the  amendment  was  adopted. 

Mr.  Walcott  of  Cambridge  moved  that  the  resolution  be 
amended  by  striking  out  lines  183  to  186,  inclusive  (as  amended), 
and  inserting  in  place  thereof  the  following  paragraph :  - 

"Provision  for  the  proper  identification  and  certification  of 
signatures  to  the  petitions  hereinbefore  referred  to,  and  for  pen- 
alties for  the  circulation  of  petitions  for  hire  or  reward,  for  the 
signing  [A]  of  any  such  petition  for  money  or  other  valuable 
consideration  and  for  the  forgery  of  signatures  thereto  shall  be 
made  by  law." 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing 
order,  the  President  declared  a  recess  until  two  o'clock;  at  which 
hour  the  Convention  reassembled. 

Mr.  Washburn  of  Worcester  doubted  the  presence  of  a  quorum; 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 


.WEDNESDAY,  OCTOBER  31,  1917. 


419 


On  the  appearance  of  a  quorum  Mr.  Quincy  of  Boston  moved  Mr.  Quincy,  • 
that  the   amendment  moved   by   Mr.   Walcott  be  amended   by  ai 
adding  at  the  end  thereof  the  words  "  ;    provided  that,  after  the 
enactment  of  any  law  providing  penalties  for  the  circulation  of 
petitions  for  hire  or  reward,  the  number  of  signatures  required 
by  this  article  of  amendment  shall  be  reduced  by  one-half". 

Mr.    Theller    of    New    Bedford    moved    that    the    amendment  Mr.  Theiier,  - 
moved  by  Mr.  Walcott  be  amended  by  striking  out,  at  "A",  the  &mendllieni- 
word  "of",  and  inserting  in  place  thereof  the  words  "or  refusing 
to  sign". 

After  debate  the  amendment  moved  by  Mr.  Quincy  was  re- 
jected, by  a  vote  of  67  to  109;  and  the  amendment  moved  by 
Mr.  Theller  was  adopted,  by  a  vote  of  130  to  16. 

The  question  was  then  put  on  the  adoption  of  the  amendment  Mr.  Walcott, 
moved  by  Mr.  Walcott,  as  amended,  and  111  members  voted  amendment- 
in  the  affirmative  and  90  in  the  negative. 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Hale  of  Boston;  and  on  the  roll  call  123 
members  voted  in  the  affirmative  and  117  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 


Messrs.  Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 


420 


JOUKNAL  OF  THE  CONVENTION, 


Messrs.  Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 


Messrs.  Stearns,  Harry  N. 

Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
TheUer,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Finn,  E.  Philip 

Flaherty,  William 
Flye,  Louis  Edwin 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Michelman,  Joaeph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 


WEDNESDAY,  OCTOBER  31,  1917.  421 

Messrs.  Murley,  Joseph  J.  Messrs.  Scigliano,  Alfred  P. 

Myron,  John  F.  Shaw,  Michael  F. 

Nestor,  Patrick  F.  Shea,  John  T. 

Newhall,  Arthur  N.  Sheehan,  Christopher  A. 

Newton,  H.  Huestis  Sherburne,  Nelson 

Nutting,  Edward  H.  Skerrett,  Mark  N. 

O'Connell,  John  J.  Stoeber,  Charles 

O'Connell,  John  P.  Sullivan,  William  H. 

O'Connell,  Joseph  F.  Swig,  Louis 

O'Connor,  John  D.  Thompson,  Edward 

Peirce,  Albion  G.  Twomey,  John  C. 

Pelletier,  Joseph  C.  Walker,  George 

Peterson,  Patrick  Walker,  Joseph 

Quincy,  Josiah  Walsh,  David  I. 

Quinn,  Timothy  F.  Whitehead,  James 

Ray,  Herbert  L.  Winslow,  Guy  M. 

Reidy,  Michael  J.  Wonson,  Carlton  W. 
Ross,  Samuel 

123  yeas;  117  nays. 

Therefore  the  amendment,  as  amended,  was  adopted,  as  fol- 
lows :  — 

Striking  out  lines  183  to  186,  inclusive  (as  amended),  and  in-  Mr.  Waicott,— 
serting  in  place  thereof  the  following  paragraph: —  amendment. 

"Provision  for  the  proper  identification  and  certification  of 
signatures  to  the  petitions  hereinbefore  referred  to,  and  for  pen- 
alties for  the  circulation  of  petitions  for  hire  or  reward,  for  the 
signing  or  refusing  to  sign  any  such  petition  for  money  or  other 
valuable  consideration  and  for  the  forgery  of  signatures  thereto 
shall  be  made  by  law." 

Mr.  Thompson  of  North  Attleborough  moved  that  the  resolu-  Mr.  Thompson, 
tion  be  amended  by  adding  at  the  end  thereof  the  following  —amendment, 
paragraph :  - 

"Article  XLII  of  the  amendments  of  the  constitution  is  hereby 
repealed." 

After  debate  this  amendment  was  adopted,  by  a  vote  of  95 
to  72. 

Mr.    Churchill    of    Amherst    moved    that    the    resolution    be  Mr.  Churchill, 
amended   by   adding   after   the  word   "void",   in   line   155,   the  —amendment, 
words  "  :    provided,  that  no  such  law  shall  be  held  to  be  disap- 
proved if  the  negative  vote  is  less  than  thirty  per  cent  of  the 
highest  number  of  votes  cast  at  such  state  election". 

After  debate  this  amendment  was  adopted. 

Mr.  George  of  Haverhill  moved  that  the  resolution  be  amended  Mr.  George,  — 
by  inserting,  before  line  183,  the  following  paragraph:  — 

"If  a  measure  made  subject  to  the  referendum,  by  the  filing 
of  an  initiative  and  referendum  petition,  is  introduced  in  the 
general  court,  the  same  shall  be  referred  to  a  committee  thereof, 
and  the  petitioners  and  all  parties  in  interest  shall  be  duly  heard 
and  the  measure  shall  be  duly  considered  and  reported  upon  to 
the  general  court  with  their  reasons  therefor  in  writing.  Both 
the  majority  and  minority  reports,  if  there  be  such,  shall  be 
signed  by  the  majority  and  minority  members  of  said  committee 
respectively  [A];  and  the  general  court  shall  consider  such  re- 
ports and  act  upon  the  proposed  measure  on  its  merits,  with  a 


422 


Mr.  Kinney,  — 
amendment. 


Adjournment. 


JOURNAL   OF   THE  CONVENTION, 

due  regard  for  the  public  welfare  and  the  rights  of  all  citizens 
involved  in  accordance  with  their  oath  of  office." 

After  debate  Mr.  Kinney  of  Boston  moved  that  the  amend- 
ment moved  by  Mr.  George  be  amended  by  striking  out  all  after 
the  word  "respectively",  at  "A". 

Mr.  Mahoney  of  Boston  then  moved  that  the  Convention 
adjourn;  and  this  motion  prevailed. 

Accordingly,  at  eight  minutes  after  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


THURSDAY,  NOVEMBER  1,   1917.  423 


THURSDAY,  November  1,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  William  M.  Gilbert  of  Boston. 

Absence  of  Members  Without  Leave. 

The    consideration    of    the    following    order,    offered    by    Mr.  Absentees 
Feiker  of  Northampton,  was  postponed  until  the  next  session,  at  makeredt° 
the  request  of  that  member:  —  satisfaction. 

Ordered,  That  any  member  of  the  Convention  who  absents 
himself  for  more  than  two  days  without  leave  as  provided  in. 
Rule  13  be  required  to  make  satisfaction  therefor  as  provided  in 
Rule  20. 

Printing  of  a  Bulletin. 

The  following  order,  offered  by  Mr.  Walker  of  Brookline,  was  Bulletin  on 
referred,  under  the  provisions  of  a  standing  order,  to  the  commit-  iiv^and^81" 
tee  on  Rules  and  Procedure:  —  Referendum". 

Ordered,  That  there  be  printed  five  hundred  additional  copies  f 

of  the  bulletin  on  "The  Initiative  and  Referendum",  prepared  by 
the  commission  appointed  to  compile  information  and  data  for 
the  Convention. 

Filling  of  Vacancies  in  the  Membership  of  the  Convention. 

Mr.  Harriman  of  New  Bedford  offered  the  following  order:  —  Membership  of 
Ordered,   That   the    committees   on   Elections   and    Rules   and  ^eCon£en- 

TV  .    .  ,  .  ,   tion,  —  filling 

.Procedure,  sitting  jointly,  are  hereby  requested  to  consider,  and  of  vacancies. 
report  before  the  proposed  recess  until  next  year,  as  to  the 
advisability  of  making  provision  for  filling  vacancies  in  the  mem- 
bership of  the  Convention,  caused  either  by  death  or  resignation, 
now  existing  or  which  may  occur  before  the  Convention  recon- 
venes in  1918. 

Mr.    Boucher    of    New    Bedford    doubted    the    presence    of   a  Quorum, 
quorum;    and  the  President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  order  was  adopted. 

Compensation  of  Certain  Employees. 

Mr.  Wonson  of  Gloucester,  for  the  committee  on  Contingent  Compensation 
Expenses  and  Pay-Roil,  who  were  instructed  to  consider  the 
expediency  of  including  the  porters  and  watchmen  of  the  State 
House  in  the  list  of  employees  receiving  one  hundred  dollars 
each  for  extra  work,  reported,  in  part,  recommending  the  adop- 
tion of  the  following  order:  — 

Ordered,  That  such  porters  as  the  Sergeant-at-Arms  shall 
certify  have  been  in  attendance  in  the  employ  of  the  Common- 


424 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Underbill, 
—  amendment. 


wealth  in  and  about  the  rooms  and  corridors  occupied  by  the 
Convention  and  its  committees,  or  members  thereof,  since  the 
Convention  has  been  in  session,  be  paid  the  sum  of  fifty  dollars 
each  as  extra  compensation  by  reason  of  the  holding  of  said 
Convention. 

The  report  was  read;   and  the  order  was  considered  forthwith. 

Mr.  Underhill  of  Somerville  moved  that  the  order  be  amended 
by  inserting  after  the  word  "porters"  the  words  "and  watch- 
men". 

After  debate  Mr.  Mahoney  of  Boston  moved  that  the  further 
consideration  of  the  order  be  postponed  until  the  next  session; 
and  this  motion  prevailed. 


Protection 
from  certain 
newspaper 
attacks. 


Initiative  and 
referendum. 


Mr.  George,  — 
amendment. 


Protection  from  Certain  Newspaper  Attacks. 

Mr.  Sullivan  of  Salem  moved  that  the  committee  on  Rules  and 
Procedure  be  requested  to  take  such  steps  as  may  be  necessary 
to  protect  the  members  of  this  Convention  from  the  scandalous 
attacks  which  have  appeared  from  time  to  time  in  the  "  Boston 
American",  particularly  in  the  issue  of  November  1,  1917,  an 
article  on  page  9  of  which  bears  the  title  "Slackers  Give  Foes 
Chance  to  Hit  I.  and  R". 

After  debate  Mr.  Glazier  of  Hudson  moved  that  the  motion  be 
laid  on  the  table;  and  this  motion  was  negatived,  by  a  vote  of 
55  to  102. 

After  further  debate  Mr.  Lomasney  of  Boston  moved  that  the 
motion  of  Mr.  Sullivan  be  indefinitely  postponed. 

After  further  debate  Mr.  White  of  North  Brookfield  moved  the 
previous  question;  and  this  motion,  after  debate,  was  negatived. 

The  motion  of  Mr.  Lomasney  was  then  adopted. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  initiative  and 
referendum  (Doc.  No.  359,  amended),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  second  reading. 

There  being  no  objection  Mr.  George  of  Haverhill  modified  the 
amendment  previously  moved  by  him,  so  as  to  read  as  follows: 
Inserting,  before  line  183,  the  following  paragraph:  — 

"If  a  measure  is  introduced  in  the  general  court  by  initiative 
petition,  the  same  shall  be  referred  to  a  committee  thereof,  and 
the  petitioner  and  all  parties  in  interest  shall  be  duly  heard,  and 
the  measure  shall  be  duly  considered  and  reported  upon  to  the 
general  court  with  the  committee's  recommendations  in  writing. 
The  majority  and  minority  reports,  if  there  be  such,  shall  be 
signed  by  the  majority  and  minority  members  of  said  committee, 
respectively,  and  the  final  action  of  the  general  court  upon  any 
such  measure  shall  be  taken  by  a  yea  and  nay  vote." 

After  debate  this  amendment  was  adopted. 


THURSDAY,  NOVEMBER  1,  1917.  425 

Mr.  George  then  moved  that  the  resolution  be  amended  by  Mr.  George,  — 
striking  out  [A]  lines  202  to  208,  inclusive,  and  inserting  in  place  w 
thereof  the  following  paragraph:  — 

"The  secretary  of  the  commonwealth  shall  cause  to  be  printed 
and  sent  to  each  registered  voter  in  the  commonwealth  the  full 
text  of  every  measure  to  be  submitted  to  the  people,  together 
with  a  copy  of  the  legislative  committee's  majority  and  minority 
reports,  if  there  be  such,  with  the  names  of  the  majority  and 
minority  members  thereon,  a  statement  of  the  votes  of  the 
general  court  on  the  measure,  and  a  description  of  the  measure 
as  it  will  appear  on  the  ballot." 

Mr.  Churchill  of  Amherst  moved  that  this  motion  be  amended  5?.  Churchm, 
by  striking  out,  at  "A",  the  words  "lines  202  to  208,  inclusive, 
and  inserting  in  place  thereof  the  following  paragraph",  and  in- 
serting in  place  thereof  the  words  ",  in  lines  202  to  205,  inclusive, 
the  words  'The  secretary  of  the  commonwealth  shall  cause  to  be 
printed  and  sent  to  each  voter  the  full  text  of  every  measure  to 
be  submitted  to  the  people,  together  with  the  description  thereof 
as  it  will  appear  on  the  ballot',  and  inserting  in  place  thereof  the 
words". 

After  debate  the  amendment  moved  by  Mr.  Churchill  was 
adopted;  and  the  amendment  moved  by  Mr.  George,  as  thus 
amended,  was  adopted. 

On  motion  of  Mr.   Churchill  of  Amherst  the  resolution  was  Mr.  Churchm, 
then  amended  by  striking  out,  in  lines  137  and  138,  the  words 
"or  any  part  thereof";    and  in  line   154  the  words   "or  part 
thereof". 

On   motion   of  Mr.   Walker  of  Brookline  the  resolution  was  Mr.  Walker, 
amended  by  inserting  before  the  word  "initiative",  in  the  title 
and  in  line  3,  the  word  "popular";    and  by  inserting  before  the 
word  "referendum",  in  line  7,  the  word  "popular". 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended  Mr.  Quincy,— 
by  striking  out  lines   132  to   135,  inclusive   (as  amended),   and  w 
inserting  in  place  thereof  the  following :  — 

"A  referendum  petition  may  ask  for  a  referendum  to  the 
people  upon  any  law  enacted  by  the  general  court  which  is 
not  an  emergency  measure  as  above  defined.  Such  petition 
shall  first  be  signed  by  ten  qualified  voters  of  the  common- 
wealth, and  shall  then  be  filed  with  the  secretary  of  the  com- 
monwealth not  later  than  thirty  days  after  the  law  which 
is  the  subject  of  the  petition  has  become  law  and  the  secre- 
tary of  the  commonwealth  shall  provide  blanks  for  the  use  of 
subsequent  signers.  He  shall  print  at  the  top  of  each  blank  a 
description  of  the  proposed  law  as  it  will  appear  on  the  ballot 
and  the  names  and  residences  of  the  first  ten  signers.  If  such 
petition  filed  as  aforesaid  is  completed  by  filing  with  the  secretary 
of  the  commonwealth  not  later  than  sixty  days  after  the  law 
which  is  the  subject  of  the  petition  has  become  law  the  signatures 
to  such  petition  of  not". 

After  debate  the  amendment  was  adopted. 

The  same  member  then  moved  that  the  resolution  be  amended  Id- 
by  adding  at  the  end  of  the  words  previously  inserted  in  place  of 


426 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Morrill,  — 
amend- 
ments. 


Reprinting  of 
the  resolution. 


Adjournment 
from  Novem- 
ber 1  to  7. 


lines  183  to  186,  inclusive,  the  words  ",  and  pending  the  passage 
of  such  legislation  all  provisions  of  law  relating  to  the  identifica- 
tion and  certification  of  signatures  to  petitions  for  the  nomina- 
tion of  candidates  for  state  offices  or  to  penalties  for  the  forgery 
of  such  signatures  shall  apply  to  the  signatures  to  the  petitions 
herein  referred  to". 

After  debate  this  amendment  was  adopted. 

Mr.  Morrill  of  Haverhill  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  114,  134  and  159,  the  word  "sixty",  and 
inserting  in  place  thereof,  in  each  instance,  the  word  "ninety". 

After  debate  Mr.  Underbill  of  Somerville  moved  the  previous 
question;  and  the  motion  prevailed. 

Mr.  Morrill  then  withdrew  the  foregoing  amendments,  there 
being  no  objection. 

The  resolution,  as  amended  (Doc.  No.  367),  was  then  ordered 
to  a  second  reading. 

Subsequently,  there  being  no  objection,  Mr.  Sawyer  of  Ware 
moved  that  the  resolution  as  reported  by  the  committee  on 
Initiative  and  Referendum  be  printed  in  a  form  setting  forth 
in  italics  the  provisions  inserted  by  amendment  in  Committee 
of  the  Whole  and  by  the  Convention,  and  enclosing  in  brackets 
provisions  eliminated  in  like  manner. 

After  debate  this  motion  was  adopted.     (See  Doc.  No.  368.) 

On  motion  of  Mr.  Underbill  of  Somerville  the  Secretary  of  the 

Convention  was  authorized  to  have  printed  in  the  Calendar  for 

Wednesday  next  such  notices  of  further  amendment  as  may  be 

filed  in  his  office. 


Adjournment  and  Hour  of  Meeting. 

Mr.  Underbill  then  moved  that  the  Convention  adjourn,  to 
meet  on  Wednesday,  November  7,  at  one  o'clock  P.M.;  and  this 
motion,  after  debate,  was  adopted. 

Accordingly,  at  ten  minutes  before  one  o'clock,  the  Conven- 
tion adjourned. 


WEDNESDAY,  NOVEMBER  7,  1917.  427 


WEDNESDAY,  November  7,  1917. 
Met  according  to  adjournment,  at  one  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention.  • 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Whitehead  of  Fall  River,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  State  Administration,  and  State  Administra-  SteSkSTS" 
tion  and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday,  time. 
November  13,  in  which  to  report  on  matters  before  them. 

Compensation  for  the  State  House  Matron. 

On  motion  of  Mr.  George  of  Haverhill,  - 

Ordered,  That  the  committee  on  Contingent  Expenses  and  Pay-  Matron  of 
Roll  consider  the  expediency  of  providing  compensation  for  the  Houl?— 
matron  of  the  State  House,  upon  whom  extra  duties  and  labor  compensation. 
have  been  imposed  by  reason  of  this  Convention. 


Printing  of  Bulletins. 

Mr.  Quincy  of  Boston,  for  the  committee  on  Rules  and  Pro-  Bulletin 
cedure,  to  whom  was  referred  the  order  relative  to  reprinting  the 
bulletin  on  "Biennial  Elections  and  Sessions  of  the  Legislature",  . 
—  reported  recommending  that  the  same  be  adopted  in  a  new  fature 
draft,  as  follows :  — 

Ordered,  That  the  commission  appointed  to  compile  information 
and  data  for  the  Convention  be  authorized  to  prepare  a  revised 
edition  of  Bulletin  No.  9  on  "Biennial  Legislative  Elections  and 
Sessions",  and  to  incorporate  in  it  the  material  in  Convention 
document  No.  355,  and  that  500  copies  of  the  revised  bulletin  be 
printed. 

The  report  was  read ;  and  the  order  was  considered  forthwith 
and  was  adopted. 

Mr.   Parker   of   Lancaster,   for   the   committee   on   Rules   and  *ffi 
Procedure,  to  whom  was  referred  the  order  providing  that  there  initiative 
be  printed  five  hundred  additional  copies  of  the  bulletin  on  "  The 
Initiative   and   Referendum",   prepared   by  the  commission  ap- 
pointed to  compile  information  and  data  for  the  Convention,  — 
reported  recommending  that  the  same  be  adopted. 

The  report  was  read;  and  the  order  was  considered  forthwith 
and  was  adopted. 


428 


JOURNAL  OF  THE  CONVENTION, 


Committee  on  Form  and  Phraseology  —  Consideration  of  Amend- 

ments. 


of  Wellesley,  for  the  committee  on  Rules  and 

bycommittee  Procedure,  who  were  requested,  under  an  order  adopted  on 
October  10,  to  consider  and  report  some  means  or  rule  by  which, 
after  a  resolution  has  been  reported  by  the  committee  on  Form 
and  Phraseology  and  amendments  have  been  adopted  to  such 
resolution,  the  same  may  again  be  considered  by  the  committee 
on  Form  and  Phraseology,  —  reported  recommending  that  Rule 
28  be  amended  by  inserting  therein,  next  after  the  words  "third 
reading",  the  words  ",  or  after  material  amendment  in  any 
later  stage,". 

The  report  was  read;  and  it  was  considered  forthwith  and  was 
accepted.     Therefore  the  rule  was  amended  as  recommended. 


Absentees 
required  to 
make 
satisfaction. 


Initiative  and 
referendum. 

Limit  of 
debate. 


Id. 


Absence  of  Members  Without  Leave. 

The  following  order,  offered  by  Mr.  Feiker  of  Northampton, 
the  consideration  of  which  was  postponed  from  the  last  session, 
was  considered:  — 

Ordered,  That  any  member  of  the  Convention  who  absents 
himself  for  more  than  two  days  without  leave  as  provided  in 
Rule  13  be  required  to  make  satisfaction  therefor  as  provided  in 
Rule  20. 

After  debate  Mr.  Mahoney  of  Boston  moved  that  the  order  be 
laid  on  the  table;  and  this  motion  was  adopted,  by  a  vote  of  99 
to  35. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia- 
tive and  referendum  (Doc.  No.  367)  was  read  a  second  time. 

Mr.  Underhill  of  Somerville  moved  that  each  amendment  be 
debated  and  acted  upon  separately;  that  general  debate  on  each 
amendment  be  limited  to  thirty  minutes,  and  that  speeches  be 
limited  to  five  minutes  each,  except  that  ten  minutes  be  allowed 
to  the  mover  of  the  amendment;  and  that  five  minutes  then  be 
allowed  to  a  member  of  the  minority  of  the  committee  on 
Initiative  and  Referendum  and  five  minutes  to  a  member  of  the 
majority  of  said  committee. 

Mr.  Ross  of  New  Bedford  moved  that  this  motion  be  amended 
by  the  substitution  of  the  following:  — 

That,  on  the  pending  matter,  speeches  be  limited  to  five 
minutes  each;  that  general  debate  be  closed  at  eleven  o'clock 
A.M.  on  Friday  next;  and  that  fifteen  minutes  then  be  allowed  to 
a  member  of  the  minority  of  the  committee  on  Initiative  and 
Referendum  and  fifteen  minutes  to  a  member  of  the  majority  of 
said  committee. 

After  debate  the  question  was  put  on  the  adoption  of  the 
amendment  moved  by  Mr.  Ross,  and  92  members  voted  in  the 
affirmative  and  105  in  the  negative. 


WEDNESDAY,  NOVEMBER  7,  1917. 


429 


The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Ross;  and  on  the  roll  call  134  members 
voted  in  the  affirmative  and  112  in  the  negative,  as  follows:  — 


YEAS. 


Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 


Messrs.  Haines,  Benjamin  F. 
Hale,  Matthew      . 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  Johti  A. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
MitcheU,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sullivan,  Joseph  M. 


430 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 


Messrs.  Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
NAYS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bouve1,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
French,  Asa  P. 
Gates,  Joseph  S. 

134  yeas; 


Messrs.  George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Newhall,  Arthur  N. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 

112  nays. 


Therefore  the  amendment  was  adopted. 


WEDNESDAY,  NOVEMBER  7,  1917. 


431 


Mr.  Underbill  of  Somerville  moved  that  the  vote  be  recon-  Motion  to 
sidered.  After  debate  the  question  was  put,  and  102  members  reconsider- 
voted  in  the  affirmative  and  94  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Ross  of  New  Bedford;  and  on  the  roll  call 
123  members  voted  in  the  affirmative  and  132  in  the  negative, 
as  follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  j.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 


Messrs.  Gates,  Joseph  S. 

George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 


432 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 


Messrs.  Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Yoimgman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R.  ' 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 


Messrs.  Hale,  Matthew 

Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny.  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch.  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 


WEDNESDAY,  NOVEMBER  7,  1917. 


433 


Messrs.  Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 


Messrs.  Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


debate. 


123  yeas;  132  nays. 

Therefore  the  motion  to  reconsider  was  negatived. 

The  question  was  then  put  on  the  motion  of  Mr.  Underbill,  as  Limit  of 
amended,  and  99  members  voted  in  the  affirmative  and  104  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Ross  of  New  Bedford;  and  on  the  roll  call 
133  members  voted  in  the  affirmative  and  129  in  the  negative, 
as  follows :  — 

YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Bowen.  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr.  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 


Messrs.  Doran,  James  P. 

Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 


434 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  McLaud,  Abner  S. 

Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur.  Paul  R. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman.  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 


Messrs.  Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 


WEDNESDAY,  NOVEMBER  7,  1917. 


435 


Messrs.  Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 


Messrs.  Stoneman,  David 

Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


133  yeas;  129  nays. 

Therefore  the  motion,  as  amended,  was  adopted,  as  follows:  —  Limit  of 
"That,   on   the   pending   matter,    speeches   be   limited   to   five  debate- 
minutes  each;    that  general  debate  be  closed  at  eleven  o'clock 
A.M.  on  Friday  next;    and  that  fifteen  minutes  then  be  allowed 
to  a  member  of  the  minority  of  the  committee  on  Initiative  and 
Referendum  and  fifteen  minutes  to  a  member  of  the  majority  of 
said  committee." 

Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended  Mr. Luce,— 

-    .,  amendments. 

as  follows:  — 

By  inserting  after  line  111  the  following  paragraph:  — 
"A  proposed  law  shall  delegate  to  an  agency  therein  specified 
the  power  of  enacting  provisions  to  effect  the  purpose  of  such 
law."; 

By  inserting  after  line  120  the  following  paragraph:  — 
"If  of  the  measures  introduced  into  the  general  court  by 
initiative  petition  in  any  one  year,  more  than  five  fail  of  enact- 
ment by  the  general  court,  and  the  petitions  relating  to  more 
than  five  are  duly  completed,  the  five  that  received  the  larger 
votes  of  the  senate  and  house  of  representatives  combined,  and 
no  more,  shall  be  submitted  to  the  people  at  the  next  state 
election.  The  measures  not  so  submitted  shall  be  deemed  to  be 
introduced  into  the  next  session  of  the  general  court  and  pending 
in  the  house  of  representatives."; 

By  inserting  after  line  143  the  following  paragraph:  — 
"If  proposed  laws  contain  conflicting  provisions,  in  the  opinion 
of  the  attorney-general,  only  that  law  which  receives  the  largest 
vote  of  the  senate  and  house  of  representatives  combined  shall 
be  submitted  to  the  voters.  If  it  is  rejected,  the  law  that  re- 
ceived the  second  largest  number  of  votes  shall  be  put  on  the 
ballot  at  the  succeeding  election,  and  so  on  until  one  has  been 
accepted  or  all  have  been  rejected:  provided,  however,  that  the 


436  JOURNAL  OF  THE  CONVENTION, 

initiative  petition  for  each  law  shall  be  completed  as  herein  pro- 
vided."; and 

By  inserting  after  the  word  "commonwealth",  in  line  198,  the 
words  ",  or  to  an  individual,  association,  or  corporation". 

^r<  Walker  of  Brookline  moved  that  the  resolution  be  amended 
as  follows :  — 

By  striking  out  lines  75  to  78,  inclusive; 

By  striking  out,  in  line  81,  the  words  "four  per  cent  of  the", 
and  inserting  in  place  thereof  the  words  "twenty  thousand"; 
by  striking  out,  in  lines  82,  83  and  84,  the  words  "calculated 
upon  the  whole  number  of  votes  cast  for  governor  at  the  last 
preceding  election,";  by  striking  out,  in  line  94,  the  words  "one 
per  cent",  and  inserting  in  place  thereof  the  words  "five  thou- 
sand signatures";  and  by  striking  out,  in  lines  95  and  96,  the 
words  "calculated  upon  the  whole  number  of  votes  cast  for 
governor  at  the  last  preceding  election,"; 

By  adding  after  the  word  "petition",  in  line  202,  the  words 
"  :  provided,  that,  if  a  law  approved  by  the  people  is  not  re- 
pealed, the  general  court  shall  raise  by  taxation  or  otherwise  and 
shall  appropriate  such  money  as  may  be  necessary  to  carry  such 
law  into  effect"; 

By  striking  out,  in  lines  211,  243  and  271,  the  word  "sixty", 
and  inserting  in  place  thereof,  in  each  instance,  the  word 
"ninety"; 

By  inserting  after  the  word  "provided",  in  line  225,  the  words 
",  that  the  governor  may,  at  any  time  before  the  election  at 
which  it  is  to  be  submitted  to  the  people  on  referendum,  declare 
any  law  to  be  an  emergency  measure  hereunder  by  filing  with 
the  secretary  of  the  commonwealth  a  statement  setting  forth  the 
facts  constituting  the  emergency,  and  that  in  his  opinion  the 
immediate  preservation  of  the  public  peace,  health,  safety  or 
convenience  require  that  such  law  should  go  into  operation  forth- 
with, then  such  law,  if  not  previously  suspended  as  hereinafter 
provided,  shall  take  effect  without  suspension,  or  if  such  law 
has  been  so  suspended  such  suspension  shall  thereupon  terminate 
and  such  law  shall  thereupon  go  into  effect:  and  provided,  further"; 

By  striking  out,  in  lines  309  and  310,  the  words  "and  for 
penalties  for  the  circulation  of  petitions  for  hire  or  reward,"; 
and  by  adding  after  the  word  "to",  in  line  318,  the  words  "The 
general  court  may  provide  by  law  that  no  copartnership  or  cor- 
poration shall  circulate  petitions  for  hire  or  reward,  may  require 
individuals  to  be  licensed  and  may  make  other  reasonable  regula- 
tions to  prevent  abuses  arising  from  the  circulation  of  petitions 
for  hire  or  reward.";  and 

By   striking   out,   in   line   319,    the   word   "one-eighth",    and 
inserting  in  place  thereof  the  word  "one-fourth". 
Mr. Putnam,-       After  debate  Mr.  Putnam  of  Westfield  moved  that  the  resolu- 

amendments.        ,.          ,  ,     ,  „   .. 

tion  be  amended  as  follows:  — 

By  striking  out,  in  lines  16  and  17,  the  words  "or  by  recom- 
mendation of  the  governor  by  message,"; 

By  striking  out,  in  lines  39  to  43,  inclusive,  the  words  "An 
amendment  introduced  by  recommendation  of  the  governor  shall 


WEDNESDAY,  NOVEMBER  7,  1917.  437 

be  voted  upon  either  in  the  form  in  which  it  was  originally  recom- 
mended or  in  such  amended  form  as  the  governor  may  by  mes- 
sage approve  or  substitute.";  and 

By  striking  out,  in  lines  44  and  45,  the  words  "or  by  the  gov- 
ernor". 

Mr.  Loring  of  Beverly  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  87,  88  and  89,  the  words  "and  if  the 
general  court  into  which  it  is  introduced  fails  to  enact  such 
law",  and  inserting  in  place  thereof  the  words  "or  as  amended 
by  a  vote  of  three-fourths  of  the  members  present  and  voting  in 
each  branch.  If  the  combined  vote  cast  in  the  two  houses  in 
favor  of  such  law  shall  be  equivalent  to  at  least  one-third  of  the 
total  number  of  members  elected  to  the  general  court  but  enact- 
ment fails". 

Mr.    Churchill    of    Amherst    moved    that    the    resolution    be  Mr.  Churchill, 
amended  as  follows :  — 

By  striking  out,  in  line  18,  the  word  "otherwise";  and  by 
inserting  after  the  word  "introduced",  in  the  same  line,  the 
words  "into  the  general  court  without  such  initiative  petition, 
authority  for  which  mode  of  introduction  is  hereby  specifically 
granted  and  continued,";  and 

By  striking  out,  in  lines  51  and  61,  the  word  "one-quarter", 
and  inserting  in  place  thereof,  in  each  instance,  the  word  "one- 
third". 

Mr.  Blackmur  of  Quincy  moved  that  the  resolution  be  amended  H 
by  striking  out,  in  lines  15  and  16,  the  words  "twenty-five 
thousand  qualified  voters",  and  inserting  in  place  thereof  the 
words  "  five  per  cent  of  the  qualified  voters  of  the  commonwealth, 
calculated  upon  the  whole  number  of  votes  cast  for  governor  at 
the  last  preceding  election,". 

Mr.  Hibbard  of  Pittsfield  moved  that  the  resolution  be  amended 
as  follows:  — 

By  striking  out,  in  lines  5  and  6,  the  words  "and  amendments 
to  the  constitution";  and 

By  striking  out  lines  13  to  78,  inclusive. 

Mr.  Bailey  of  Newbury  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  273,  the  words  "ten  thousand",  and  in- 
serting in  place  thereof  the  words  "five  per  cent  of";  and  by 
inserting  in  line  274,  after  the  word  "commonwealth",  the 
words  ",  calculated  upon  the  whole  number  of  votes  cast  for 
governor  at  the  last  preceding  election". 

Mr.    Pillsbury    of    Wellesley    moved    that    the    resolution    be  Mr.  pnisbury, 

amended  as  follows  I  —  ~  amendments. 

By  striking  out,  in  lines  5  and  6,  the  words  "and  amendments 
to  the  constitution"; 

By  striking  out  lines  13  to  74,  inclusive; 

By  inserting  after  the  word  "rights",  in  line  77,  the  words 
",  or  inconsistent  therewith,"; 

By  striking  out,  in  line  122,  the  word  "either"; 

By  striking  out,  in  lines  122  to  125,  inclusive,  the  words  "or 
in  the  case  of  a  constitutional  amendment  by  a  majority  of  those 


438  JOURNAL  OF  THE  CONVENTION, 

present  and  voting  thereon  in  joint  convention  held   as  herein 
provided,"; 

By  striking  out  lines  132  to  135,  inclusive; 

By  striking  out,  in  line  137,  the  words  "two  or  more  constitu- 
tional amendments,  or  of"; 

By  striking  out,  in  lines  140  and  141,  the  words  "in  the  con- 
stitutional amendment,  or"; 

By  striking  out,  in  line  141,  the  words  ",  as  the  case  may  be,"; 

By  striking  out,  in  lines  145  and  153,  the  words  "constitu- 
tional amendment  or"; 

By  striking  out,  in  line  322,  the  words  "proposed  amendment 
to  the  constitution,  and  each"; 

By  striking  out  lines  330  to  335,  inclusive;   and 

By  striking  out,  in  line  336,  the  words  "In  the  case  of  a  law:". 

Mr.  Wellman  of  Topsfield  moved  that  the  resolution  be 
amended  by  inserting  after  line  295  the  following  paragraph:  - 

"No  law  relating  to  the  appointment,  qualification,  tenure  or 
removal  or  compensation  of  judges,  or  relating  to  the  powers, 
creation  or  abolition  of  courts,  shall  be  the  subject  of  such  refer- 
endum petition." 

Mr:_Pa^m^i  Mr.  Parkman  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  87  and  88,  the  words  "and  if",  and  in- 
serting in  place  thereof  the  words  "or  as  amended  by  a  vote  of 
three-quarters  of  the  members  present  and  voting  in  each  branch, 
and  if  of  the  members  present  and  voting  one-third  of  the  house 
and  one-fourth  of  the  senate  vote  for  such  enactment,  but". 

— rame^dmeSs  ^-r'  Washburn  of  Middleborough  moved  that  the  resolution  be 
amended  as  follows:  — 

By  striking  out,  in  lines  17  and  18,  the  words  "or  if  in  case  of 
a  proposal  for  amendment  otherwise  introduced"; 

By  striking  out,  in  lines  46  and  47,  the  words  ",  and  an 
amendment  otherwise  introduced  shall  be  designated  a  legisla- 
tive amendment"; 

By  striking  out,  in  lines  48,  49  and  50,  the  words  "if  a  legisla- 
tive amendment  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  the  general  court,  or"; 

By  striking  out,  in  line  52,  the  words  "in  either  case"; 

By  striking  out,  in  lines  55  to  59,  inclusive,  the  words  "If  any 
legislative  amendment  shall  again  be  agreed  to  by  a  majority  of 
all  the  members  elected  to  the  next  general  court,  voting  in  a 
joint  session  of  the  two  houses  to  be  held  as  aforesaid,  it  shall 
then  be  submitted  by  the  general  court  to  the  people."; 

By  striking  out,  in  lines  67  and.  68,  the  words  "if  approved 
in  the  case  of  a  legislative  amendment  by  a  majority  of  the 
voters  voting  thereon,  or";  and 

By  striking  out,  in  lines  73  and  74,  the  paragraph  "Article  IX 
of  the  amendments  to  the  constitution  is  hereby  annulled." 
Mr.  Richard-          ]\j;r     Richardson    of    Newton    moved    that    the   resolution    be 
amendments,      amended  as  follows :  — 

By  inserting  after  line  78  the  following  paragraph :  — 

"No  part  of  the  constitution  which  provides  for  the  establish- 
ment of  the  popular  initiative  and  referendum  shall  be  the  sub- 
ject of  an  initiative  petition.";  and 


WEDNESDAY,  NOVEMBER  7,  1917.  439 

By  inserting  after  line  78  the  following  paragraph :  — 

"No  part  of  the  constitution  specifically  excluding  any  matter 
from  the  operation  of  the  popular  initiative  and  referendum  shall 
be  the  subject  of  an  initiative  petition." 

Mr.  Burns  of  Pittsfield  moved  that  the  resolution  be  amended 
by  adding  after  the  word  "repealed",  in  line  286,  the  words 
"  :  provided,  that  no  such  law  shall  be  held  to  be  disapproved  if 
the  negative  vote  is  less  than  thirty  per  cent  of  the  highest 
number  of  votes  cast  at  such  state  election". 

Mr.  Swig  of  Taunton  moved  that  the  resolution  be  amended 
by  inserting  after  line  74  the  following  paragraph:  — 

"Provided,  however,  that  no  amendment  to  the  constitution  re- 
lating to  religion,  religious  practices  or  religious  institutions  shall 
be  the  subject  of  an  initiative  petition." 

Mr.  George  of  Haverhill  moved  that  the  resolution  be  amended  Mr-  George,  — 

„  amendments. 

as  follows:  — 

By  striking  out  lines  75  to  78,  inclusive,  lines  196  to  209, 
inclusive,  and  lines  287  to  295,  inclusive;  and  by  inserting  before 
line  296  the  following  paragraph :  — 

"No  measure  annulling,  abrogating  or  repealing  the  provisions 
of  the  declaration  of  rights,  or  inconsistent  therewith,  and  no 
measure  relating  to  or  affecting  the  judiciary;  and  no  measure 
protecting  the  public  health  and  public  safety;  and  no  law 
making  a  specific  appropriation  of  money  from  the  treasury  of 
the  commonwealth,  and  no  law  appropriating  money  for  the 
current  or  ordinary  expenses  of  the  commonwealth,  or  any  of  its- 
departments,  boards,  commissions  or  institutions;  and  no  law 
the  operation  of  which  is  restricted  to  a  distinct  section  of  the 
commonwealth,  unless  such  law  involve  financial  obligations  on 
the  part  of  the  commonwealth;  and  no  law  containing  unrelated 
subjects,  shall  be  the  subject  of  an  initiative  and  referendum 
petition  as  herein  provided."; 

By  inserting  after  the  word  "recommendations",  in  line  301, 
the  words  ",  with  the  reason  therefor,";  and 

By  inserting  after  the  word  "Provision",  in  line  307,  the  words 
"for  carrying  the  intiative  and  referendum  into  effect,  and". 

Mr.  William  H.  Sullivan  of  Boston  moved  that  the  resolution  Mr.  Sullivan, — 
be  amended  by  striking  out,  in  line  206,  the  word  "powers,".          amendment. 

Mr.  Kinney  of  Boston  then  moved  that  the  Convention  ad-  Adjournment, 
journ;  and  this  motion  prevailed. 

Accordingly,  at  twenty-five  minutes  before  four  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


'110 


JOUKNAL   OF   TIIK    OONVKNTION, 


THURSDAY,  November  s,  H)17. 
Met.  according  In  adjournment,  ul,  half-past  ten  o'clock  A.M. 

Prayer  \\asollVivd  l.v  Uev.  Ceor^e  Krnesl   Merriam  of 


Leave  of  Absence. 

On  motion  of  Mr.   McCormaek  of  lloslon, 

tu»W.  Onlrn-tl,  That    Mr.    Perry  of   Hoslon  he  granted  leave  of  ahsence, 

Ulldcr   Rule   13,   because  of  his   enlistment    m    MM     military    service 
of  the  national 


Qiiiiruin. 


Conunilti-r  .lullioricil  In  N/V  Durinii  Nr.v.v/o;/.v  of  thr 

On  motion  of  Mr.   Lorintf  of  Beverly, 

Onfi-n-il.  Th:i(  Ihr  coinniillrr  on  P'onn  and  Phraseology  he 
granted  Irjive  lo  si  I  dnrin:';  the  sessions  of  th<'  Convention. 

Quorum. 

Mr.  (ilcason  of  Andover  l.hcn  moved  lliat  tin*  roll  of  (.he  (  \>n- 
veiilion  l>e  ealh-d,  (o  ,'iseerliiin  if  a  (inonim  \vas  presi-nl  ;  and  this 
iin»lioii  prevailed. 

The  roll  \vas  called;   and  L'LM)  niemliers  answered  to  their  naim 

as  follows:  — 


Messrs.  Anderson,  Frederick  L. 

A  very,  Nathan  IV 
Aylward,  James  K. 
Hailey,  Charles  ( ). 
Halch,  I'Van  -is  N. 
Haiif.s,  I'Vai 
Hiirne  ;,  (  Ie. 
Hjirret  t ,  Jai 
Hartlell,   II.  race  I. 

H.T.'.el  I  .     1,1      ill!], I 

Hatchelder,  Albert  \V. 
Hates,  John  L. 
•,  Kiilpli  S. 


Hedev,  Join 


II. 


HiRuey,  |{ 
Hlackmur,  I  aul  \\ . 
Hodlish,  John  l>.  \\  . 

Holster,  Percy  Q. 

Hosuorth.   Henry   II. 
Houcher.  Jos.«ph'  /oel 
Houve,  \\  niter  L. 
HO\V»MI.  Patrick 
Hoyden,  1-Yunk  L. 
Hover,  I'lmer  10. 
Ko\  nton.  rriu)in:lM  .T. 

Braokett,  John  Q.  A, 


Messrs.  Hroderiek,  Patric.k  S. 
Hrooks,  (leoi^e  !•'. 
Hrowu.  Iv  <  ierrv 
Hrowu,  Samuel  1<V 
Hniee,  (  'harle.s 
Hrynnt,  Lincoln 
Huck,  Maurice  A. 
Hullock,  William  J. 
Hums,  \\  illi.im  A. 
Hunvll,  l-'ml  J. 
Hut  trick,  Allan  (I. 
(  'a.rr,   Mil\\  :ii  ,1 

aiuller,  Leonard  H. 

ase.  Mial  W. 
(  '    urelull,  (  leorj'ie  H. 
C  ipp.  L'ol>ert,  P. 

irk,  Chester  W. 


iliiian,  James  M.,  Jr. 
c.  S.  Hamilton 
It-mau.  (;e,)iy,««  YY. 


Mul.s.  /elotes  W. 
Corrii!;an.  Ivohert  S. 
CouKhlan,  \\illiamJ. 


TIU'K'SDAY,    NOYKMUKi;  s,    11)17. 


Messrs.  Crafts,  Lvni.m  A 

(  ImuiKU-,  \\:ill.rr  II. 
(  Ytu-d,  James  I'1. 

<  'lo:,l>\  ,   .1.    llowrll 

Cummmgs,  John  \\. 

(  'url  is,   Kdwm   I  '. 
Klmer  L. 
(  'nsiek.  John   I''. 
I  >:ile,  (  ;.-.)ifc  || 
Dlllrv,    IVIrr 

Daly,  John  \v. 

I  >:i\  i.;,   Klln-idgc  (1. 

I  >e:m,    L'oheM     \ 

I  >e|;me\  ,    LOUJ 

I  )rl:illo,    L'olirrl,  T. 

I  >ellm?',er,   L':i\  iiiond    T. 

I  >erl>y;  Jure.  JjiinrM  1  1.. 

I  >onnell\  ,  .IM.IIHV;   I'. 

I  >ono\:m,    I  >:mie|   L'. 

Dor.'lll,   .l.-i.iiir:;    I'. 

I  >resser,   I'l.-mk    I'1. 

I  Ml.  ..Mill.    I  )rnni,<    I). 

I  >illcli,  (  'h:n  Ic  :;   I'Yrdrnrk 

I  ':ini  .\\orlh,    I'Y.-i.nk   S. 

Feiker,  w.ii..-.,,.  n. 

Lenvy,    Irving    I  >. 
l('rrry,  .hum-      1  1. 


FUherty.  NViiiiuin 

I'lyiiii,    iM:i.unc<-  I;. 
IMISS,  (  ii-oi  re  1  1 
I  i.i  lor,  I  ur.rii''  i:. 

I'Vciicli,     \ 
I'Vo::!..    An-liir   N. 
(  ;;ul:ui(l,    l'V:iiK  i      I' 

<  i.'llr;;,    .l.i.;c|i[|    S 

l-inl,  Ili-iirv  Is. 
(  ;«•«.!•(.•.«•,  S:I.IIIIH-|  \\  . 
(  Jiddin^s,  (  'liarlcM 

<  il:i,/irr,    I'Vcdi-i'irk  P. 

Nesbit  G. 


<  iivcn,  'riiciin.-i.:;   I  I 

(  ircciiwood,   ll:i,iiilot  S. 

Male,   I'ldu.'iid   It. 

ll.'llr,    ,M;i!  |  ||r\v 

llnll,  Frederick  s. 

Null,    IHIUK:    |''|"'IMII:I.II 

ii:iiiiiii.»n,  ,\Miir«-\v  Foiter 

ll:irdiii!',,  (  l.-i.r.-ncr  W. 
I  l:u  1  1111:111,   Arl.lnir  N. 
I  lilihn.rd.  <  'li:ii  !<•  ;   Is. 
I  lohhs,  <  'liuciicc  \\7.,  Jr. 
I  loil.l,,    .\lif.n  ;l  u  :  .1 
llul.rlimj'S,    llrniy    M. 

.li)liiisnn,  (  !lmrlt!H  It. 

JoiK'S,    <  icol  !•(•    I,'  . 

Krlilu-r,  John    \ 
Ki-lli-y.  <  Jfdi-j-.i-  \\'. 

Krlly,    l/llkr    I  ,. 
Kciiclick,   'riiiilll.M.S   \V. 

Kenny,   I  Irrl  .<-H.  A. 
Kilhon,  Jolin   L. 
KiiiiH-v,  \\  illiiun  S. 
Kn.-il,  A.M.  iir  S. 


Messrs.  Knoll  ;,  J.   l''i  .-iiiklin 
Liuio,  I  )uniel  \V  . 
L.'inr,   I  )\\i!-.!il    I-'. 
L:injj;elier,   Louis  F.  11. 
l>ur,soii,  Cliurlrs  (i. 
Lel>oeilf,  'I'elesplioro 
Lroii.'il.l,   .Iii:ii-|)||   J. 

Link.-,   Kn-d   |{. 
l.oinjiHiioy,  Martin  M. 
Look,   \\I||I:LI,,  .1. 
Lonnjr,  AuKUHl.iiM  T. 

Love,   Jo:;«'|,|i    A. 
Lowe.    Allhlll-    II. 
Lowell,    .1 
Lllee,    |;,,|,rrl. 

Lnniiiiiis,   lleni-y  T. 

l.\   Ml.-l.ll.     I'l-.-IIlk      I'l. 

LyiK'li,  John  (  !. 
M:ie,M;i:;trr,    Ldu.ild    A. 
M:ih.niry.  John  J. 
M.'inslirld,  John  J. 
McAiuirnry,  John  \\'. 

McCarthy,  Cvlnuirs  i-1. 
MoCormaok,  John  \v. 

MrKi-Mii,   I'Vnneis  I'. 
MrL.-iud,  Ahner  S. 
Mrrn.-i.iii,  John   M. 

MOM  ill,  ( leor^e  Frye 

Miehelni.'in,  Jo  ,c(>h 
Mit('lirll,  (  'h.'irle.s 
.Mitchell,  John 

Montague  i  >M\  id  T. 


i\ioi  an,   vv  inuun 

Mori  ill,   (  'h:ii|e;    I  I. 
Morion,   .l:inie  ,    M. 
Mo\  nih.-in,  J:iiiie:;  J. 
Mill-ley,  Joseph  J. 
M\  ion,  John   I1'. 
Nestor,   I'M  I  nek   F. 
Nrwlon,   ||.   lluesl.is 
\iillii.M,  l-Mwjinl  II. 
<  >'<  'oiinrll.  J()!,n  J 
OVonnell,  John    I'. 

Parker,  George  8. 

I'.'l.lker,     ||i-llir|  I. 

'arkmun,  Henry 

Vln  ,,n,   I'.-ihn-k 
'illsliury,   Alherl    10. 

Sainuol  L. 

,   Unify   II. 

Jo:.i:ih 

nn,  TnnoUi v  I1'. 
v,   llrrlirrl.  L. 
dv,    Mieh:iel  J. 
h:ud;on,   I'ldu.-inl   A. 
uine.s  I1. 


•  l.ins,  Mdw.'ird  J. 
.in  ion,  <  leoiye  II. 


Sli  ili:ili:i.n,   \\  illi.'iin  J . 
Sh  I.I  I  lirl,  ,   Jo;,i:ih    I',. 

Shaw,  Mich.'iel  |i\ 
John  T. 


442 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 


Messrs.  Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Wellman.  Arthur  Holbrook 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 


Initiative  and 
referendum. 


Order  of 
considering 

amendments. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia- 
tive and  referendum  (Doc.  No.  367),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  third  reading. 

Mr.  Churchill  of  Amherst  moved  that,  until  the  time  is  reached 
for  closing  debate  upon  the  question  of  ordering  to  a  third  read- 
ing the  pending  resolution,  all  proposed  amendments  be  discussed 
in  the  order  in  which  they  were  moved;  that  twenty  minutes  be 
allowed  for  general  debate  on  each  amendment,  the  speakers  to 
be  allowed  five  minutes  each;  that  at  the  close  of  general  debate 
a  member  of  the  minority  and  a  member  of  the  majority  of  the 
committee  shall  be  allowed  five  minutes  each;  and  thereupon  a 
vote  shall  be  taken  upon  the  amendment. 

After  debate  the  question  was  put,  and  122  members  voted  in 
the  affirmative  and  91  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Ross  of  New  Bedford;  and  on  the  roll  call 
141  members  voted  in  the  affirmative  and  118  in  the  negative, 
as  follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 


Messrs.  Bates,  Sanford 

Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv<§,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 


THURSDAY,  NOVEMBER  8,   1917. 


443 


Messrs.  Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M, 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 


Messrs.  Adams,  Brooks 

Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 


Messrs.  Knotts,  J.  Franklin 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 


44'4 


JOURNAL  OF  THE   CONVENTION, 


Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Lomasney,  Martin  M. 


Messrs.  Love,  Joseph  A. 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Mr.  Luce,  — 
amendment. 


141  yeas;  118  nays. 

Therefore  the  motion  of  Mr.  Churchill  was  adopted. 

The  question  first  came  on  the  pending  amendment,  moved 
by  Mr.  Luce  of  Waltham,  inserting  after  line  111  a  new  para- 
graph. 

After  debate  Mr.  Luce,  there  being  no  objection,  modified  the 
paragraph  so  as  to  read  as  follows:  — 

"A  proposed  law  shall  delegate  to  an  agency  therein  specified 


THURSDAY,  NOVEMBER  8,  1917. 


445 


the  power  and  duty  of  enacting  provisions  to  effect  the  purpose 
of  such  law." 

After  debate  the  question  was  put,  and  68  members  voted  in  Mr.  Luce,  — 
the  affirmative  and  78  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Luce;  and  on  the  roll  call  84  members 
voted  in  the  affirmative  and  169  in  the  negative,  as  follows:  — 


amendment. 


YEAS. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark  Chester  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Cusick,  John  F. 
Dale,  George  H. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Foss,  George  H. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Greenwood,  Hamlet  S. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Balch,  Francis  N. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 


Messrs.  Hale,  Edward  R. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Luce,  Robert 
Lynch,  John  C. 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Richardson,  Edward  A. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Thompson,  Hubert  C. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Youngman,  William  S. 


NAYS. 


Messrs.  Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 


446 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Daly,  John  W. 
Davis,  William  R. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Ferry,  James  R. 
Flaherty,  William 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 


Messrs.  Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowell,  James  A. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 


THUKSDAY,  NOVEMBER  8,  1917.  447 

Messrs.  Tilton,  Rufus  H.  Messrs.  Webster,  Francis  E. 

Turner,  Joseph  Whipple,  Sherman  L. 

Twomey,  John  C.  Whitehead,  James 

Walcott,  Robert  Wilson,  William  H. 

Walker,  George  Winslow,  Guy  M. 

Walker,  Joseph  Wonson,  Carlton  W. 

Walsh,  David  I.  Wood,  Charles  J. 
Washburn,  Charles  G. 

84  yeas;  169  nays. 

Therefore  the  amendment  was  rejected. 

Mr.  McAnarney  of  Quincy  being  in  the  chair,  the  question  Mr.  Luce,— 
then  came  on  the  pending  amendment,  moved  by  Mr.  Luce  of  a™6^01611*- 
Waltham,  inserting  after  line  120  the  following  paragraph:  — 

"If  of  the  measures  introduced  into  the  general  court  by 
initiative  petition  in  any  one  year,  more  than  five  fail  of  enact- 
ment by  the  general  court,  and  the  petitions  relating  to  more 
than  five  are  duly  completed,  the  five  [A]  that  received  the  larger 
votes  of  the  senate  and  house  of  representatives  combined,  and 
no  more,  shall  be  submitted  to  the  people  at  the  next  state  elec- 
tion. The  measures  not  so  submitted  shall  be  deemed  to  be 
introduced  into  the  next  session  of  the  general  court  and  pending 
in  the  house  of  representatives." 

After  debate  Mr.  Bates  of  Boston  moved  that  the  amendment  Mr.  Bates,— 
be  amended  by  striking  out,  at  "A",  the  words  "that  received  amendment- 
the  larger  votes  of  the  senate  and  house  of  representatives  com- 
bined", and  inserting  in  place  thereof  the  words  "on  the  peti- 
tions accompanying  which  appear  the  larger  number  of  signatures 
of  registered  voters". 

After  further  debate  the  amendment  moved  by  Mr.  Bates  was 
rejected;  and  the  amendment  moved  by  Mr.  Luce  was  rejected, 
by  a  vote  of  76  to  100. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair  (Mr.  McAnarney)  declared  a  recess  until  two  o'clock;    at 
which  hour  the  Convention  reassembled. 

Mr.  Sawyer  of  Ware  moved  that,  if  the  convention  is  in  session  Proposed 
at  five  o'clock  P.M.,   the  President  shall  declare  a  recess  until 
seven  o'clock  this  evening;    and  that,  if  the   Convention  is  in 
session  at  nine  o'clock  P.M.,  the  President  shall  declare  adjourn- 
ment. 

The  same  member  doubted  the  presence  of  a  quorum;   and  the  Quorum. 
Chair  (Mr.  McAnarney)  requested  the  Sergeant-at-Arms  to  se- 
cure the  attendance  of  a  quorum. 

Soon  afterwards  Mr.  Edwin  U.  Curtis  of  Boston  moved  that 
the  roll  of  the  Convention  be  called,  to  ascertain  if  a  quorum 
was  present;  and  this  motion  prevailed. 

The  roll  was  called;  and  230  members  answered  to  their  names, 
as  follows:  — 

Messrs.  Adams,  Brooks  Messrs.  Avery,  Nathan  P. 

Adams,  Charles  Francis  Aylward,  James  F. 

Adams,  Scott  Bailey,  Charles  O. 

Adams,  Smith  J.  Ballantyne,  John 

Anderson,  Frederick  L.  Bangs,  Francis  R. 


448 


JOURNAL   OF  THE   CONVENTION, 


Messrs.  Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boy  den,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Corrigan,  Robert  S. 
Costello,  Francis  M, 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 


Messrs.  Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Matthew 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 


THURSDAY,  NOVEMBER  8,  1917. 


449 


Messrs.  Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 


Messrs.  Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  "G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carl  ton  W. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  the  motion  for  an  evening  session  was  negatived. 

The  question  next  came  on  the  pending  amendment,  moved  by  Mr.  Luce,  — 
Mr.  Luce  of  Waltham,  inserting  after  line  143  a  new  paragraph. 

After  debate  Mr.  Quincy  of  Boston  moved  that  the  amendment 
be  amended  by  substituting,  for  the  words  proposed  to  be  in- 
serted,  the  following  paragraphs:  — 

"The  provisions  of  a  constitutional  amendment  approved  at 
any  election  shall  apply  to  any  law  approved  at  the  same  election 
in  the  same  manner  as  if  such  amendment  had  been  in  force  prior 
to  such  election. 

"The  general  court  by  resolve  passed  as  aforesaid  may  provide 
for  grouping  and  designating  upon  the  ballot  either  as  conflicting 
measures  or  as  alternative  measures,  only  one  of  which  is  to  be 
adopted,  any  two  or  more  proposed  constitutional  amendments, 
or  any  two  or  more  proposed  laws,  which  have  been  or  may  be 


450 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Luce,  — 
amendment. 


Mr.  Driscoll,  — 
amendments. 


Mr.  Luce,  — 
amendment. 


passed  or  qualified  for  submission  to  the  people  at  any  one 
election,  under  the  provisions  of  this  amendment  or  otherwise: 
provided,  that  a  proposed  constitutional  amendment  and  a  pro- 
posed law  shall  not  in  any  case  be  so  grouped,  and  that  the 
ballot  shall  afford  an  opportunity  to  the  voter  to  vote  for  each 
of  the  measures  or  for  only  one  of  the  measures,  as  may  be  pro- 
vided in  said  resolve,  or  against  each  of  the  measures  so  grouped 
as  conflicting  or  as  alternatives.  In  case  more  than  one  of  the 
measures  So  grouped  shall  receive  the  vote  required  for  its  ap- 
proval as  herein  provided,  only  that  one  of  the  same  for  which 
the  largest  affirmative  vote  was  cast  shall  be  deemed  to  be  ap- 
proved." 

After  further  debate  the  amendment  moved  by  Mr.  Quincy 
was  adopted,  by  a  vote  of  106  to  64;  and  the  amendment  of  Mr. 
Luce,  as  thus  amended,  was  adopted. 

Mr.  Dennis  D.  Driscoll  of  Boston  then  moved  that  the  reso- 
lution be  amended  by  striking  out,  in  lines  199  and  200,  and  in 
lines  289,  290  and  291,  the  words  "and  no  law  relating  to  religion, 
religious  practices  or  religious  institutions,". 

The  question  next  came  on  the  pending  amendment,  moved  by 
Mr.  Luce  of  Waltham,  inserting  after  the  word  "commonwealth", 
in  line  198,  the  words  ",  or  to  an  individual,  association,  or 
corporation". 

After  debate  the  question  was  put,  and  112  members  voted  in 
the  affirmative  and  99  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
124  members  voted  in  the  affirmative  and  132  in  the  negative, 
as  follows :  — 

YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


Messrs.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 


THUKSDAY,  NOVEMBER  8,  1917. 


451 


Messrs.  Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 


Messrs.  Adams,  Smith  J. 
Avery,  Nathan  P. 
Ay  1  ward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 


Messrs.  Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Creed,  James  F. 

Cummings,  John  W. 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 


452 


JOUENAL  OF  THE  CONVENTION, 


Mr.  O'Connell, 
—  amendment. 


Motion  to 
reconsider. 


Adjournment. 


Messrs.  Jones,  George  R. 
Keliher,  John  A. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 


Messrs.  O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


124  yeas;  132  nays. 


Therefore  the  amendment  was  rejected. 

Mr.  O'Connell  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  203  to  208,  inclusive,  the  following 
paragraph :  — 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensa- 
tion of  judges;  or  relating  to  the  recall  of  judges  or  judicial 
decisions;  or  relating  to  the  powers,  creation  or  abolition  of 
courts,  shall  be  the  subject  of  such  initiative  petition." 

Mr.  Bennett  of  Saugus  then  moved  that  the  vote  be  recon- 
sidered by  which  the  foregoing  amendment  of  line  198,  moved 
by  Mr.  Luce,  was  rejected. 

Mr.  Underhill  of  Somerville  moved  that  the  Convention  ad- 
journ; and  this  motion  was  adopted,  by  a  vote  of  104  to  68. 

Accordingly,  at  two  minutes  before  four  o'clock  (Mr.  Mc- 
Anarney of  Quincy  being  in  the  chair),  the  Convention  ad- 
journed, to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


FRIDAY,  NOVEMBER  9,  1917.  453 


FRIDAY,  November  9,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Leave  of  Absence. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 
Voted,  That  Mr.  Besse  of  Newburyport  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  illness. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive   and   referendum    (Doc.  No.  367,  amended),  being   the   un-  referendum- 
finished  business  of  the  last  session,  was  considered  further,  the 
main  question  being  on  ordering  it  to  a  third  reading. 

Mr.  Bennett  of  Saugus  asked  unanimous  consent  to  withdraw  Motion  to 
his  pending  motion  that  the  vote  be  reconsidered  by  which  the  reconsider« 
Convention,  at  the  last  session,  rejected  the  amendment  inserting 
after  the  word  "commonwealth",  in  line  198,  the  words  ",  or 
to  an  individual,  association,  or  corporation". 

Objection  was  made  by  Mr.  Luce  of  Waltham. 

Mr.   Bennett  then  asked  for  a  count  of  the   Convention,  to  Quorum, 
ascertain  if  a  quorum  was  present.     A  count  showed  that  161 
members  were  present. 

After  debate  the  question  was  put  on  the  motion  to  reconsider,  Motion  to 
and  110  members  voted  in  the  affirmative  and  99  in  the  negative.  reconsider- 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
124  members  voted  in  the  affirmative  and  148  in  the  negative, 
as  follows :  — 

YEAS. 

Messrs.  Adams,  Charles  Francis  Messrs.  Bruce,  Charles 

Bailey,  Charles  O.  Buck,  Maurice  A. 

Balch,  Francis  N.  Burns,  William  A. 

Ballantyne,  John  Buttrick,  Allan  G. 

Bangs,  Francis  R.  Chandler,  Leonard  B. 

Barker,  Warren  S.  Charbonneau,  Henry  V. 

Bartlett,  Horace  I.  Chase,  Mial  W. 

Bassett,  Edmund  Choate,  Charles  F.,  Jr. 

Blackmur,  Paul  R.  Churchill,  George  B. 

Bolster,  Percy  G.  Clapp,  Robert  P. 

Bouve",  Walter  L.  Clark,  Chester  W. 

Boyer,  Elmer  E.  Codman,  James  M.,  Jr. 

Brackett,  John  Q.  A.  Coe,  S.  Hamilton 

Brooks,  George  F.  Collier,  David  R. 

Brown,  Samuel  F.  Collins,  Samuel  I. 


454 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 


Messrs.  Luce,  Robert 

Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 


FRIDAY,  NOVEMBER  9,   1917. 


455 


Messrs.  Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Dor  an,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E.    > 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 


Messrs.  Martin,  Martin  L. 

McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


124  yeas;  148  nays. 


Therefore  the  motion  to  reconsider  was  negatived. 

On  the  question  on  the  adoption  of  the  pending  amendment  Mr.  Walker, 
of  lines  75  to  78,  inclusive,  moved  by  Mr.  Walker  of  Brookline,  " 
the  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at  the 


456 


JOURNAL  OF  THE  CONVENTION, 


request  of  that  member;   and  on  the  roll  call  147  members  voted 
in  the  affirmative  and  137  in  the  negative,  as  follows:  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 


YEAS. 

Messrs.  Haines,  Benjamin  F. 
Hale,  Matthew 
Harcling,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 


FRIDAY,  NOVEMBER  9,  1917. 


457 


Messrs.  Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis -R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Bieknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv<§,  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau.  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 


PP; 

rk, 


Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 


Messrs.  Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 

NAYS. 

Messrs.  Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  WiUiam  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  WiUiam  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
PUlsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 


458 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Reidy,  Michael  J. 

Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 


Messrs.  Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


Mr.  Walker, 
—  amendment. 


Id. 


147  yeas;  137  nays. 

Therefore  the  amendment  was  adopted,  as  follows :  - 
Striking  out,  in  lines  75  to  78,  inclusive,  the  words  "Provided, 
however,  that  no  amendment  annulling,  abrogating  or  repealing 
the  provisions  of  the  declaration  of  rights  shall  be  the  subject  of 
an  initiative  or  executive  petition." 

On  the  question  on  the  adoption  of  the  pending  amendments 
of  lines  81,  82,  83,  84,  94,  95  and  96,  moved  by  Mr.  Walker  of 
Brookline,  the  sense  of  the  Convention  was  taken  by  yeas  and 
nays,  at  the  request  of  that  member;  and  on  the  roll  call  144 
members  voted  in  the  affirmative  and  138  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 


Messrs.  Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Glazier,  Frederick  P. 
Good,  John  P. 


FRIDAY,  NOVEMBER  9,  1917. 


459 


Messrs.  Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 


Messrs.  Myron,  John  F. 

Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 


460 


JOUKNAL  OF  THE  CONVENTION, 


Messrs.  Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hart,  Albert  BushneU 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 


Messrs.  Lyman,  Frank  E. 

McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


144  yeas;  138  nays. 


Mr.  Walker, 
—  amendments. 


Therefore  the  amendments  were  adopted,  as  follows :  — 
Striking  out,  in  line  81,  the  words  "four  per  cent  of  the",  and 
inserting  in  place  thereof  the  words  "twenty  thousand";  strik- 
ing out,  in  lines  82,  83  and  84,  the  words  "calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election,";  striking  out,  in  line  94,  the  words  "one  per  cent", 
and  inserting  in  place  thereof  the  words  "five  thousand  signa- 
tures"; and  striking  out,  in  lines  95  and  96,  the  words  "cal- 
culated upon  the  whole  number  of  votes  cast  for  governor  at 
the  last  preceding  election,". 


FRIDAY,  NOVEMBER  9,  1917.  461 

The  following  amendment,  previously  moved  by  Mr.  Walker  Mr.  Walker, 
of  Brookline,  was  then  adopted:  — 

Adding  after  the  word  "petition",  in  line  202,  the  words 
"  :  provided,  that,  if  a  law  approved  by  the  people  is  not  re- 
pealed, the  general  court  shall  raise  by  taxation  or  otherwise  and 
shall  appropriate  such  money  as  may  be  necessary  to  carry  such 
law  into  effect". 

The  following  amendments,  previously  moved  by  Mr.  Walker,  Id. 
were  adopted,  by  a  vote  of  144  to  93 :  — 

Striking  out,  in  lines  211,  243  and  271,  the  word  "sixty",  and 
inserting  in  place  thereof,  in  each  instance,  the  word  "ninety". 

The  following  amendment,  previously  moved  by  Mr.  Walker,  id. 
was  adopted,  as  follows:  — 

Inserting  after  the  word  "provided",  in  line  225,  the  words 
",  that  the  governor  may,  at  any  time  before  the  election  at 
which  it  is  to  be  submitted  to  the  people  on  referendum,  declare 
any  law  to  be  an  emergency  measure  hereunder  by  filing  with  the 
secretary  of  the  commonwealth  a  statement  setting  forth  the 
facts  constituting  the  emergency,  and  that  in  his  opinion  the 
immediate  preservation  of  the  public  peace,  health,  safety  or 
convenience  require  that  such  law  should  go  into  operation  forth- 
with, then  such  law,  if  not  previously  suspended  as  hereinafter 
provided,  shall  take  effect  without  suspension,  or  if  such  law  has 
been  so  suspended  such  suspension  shall  thereupon  terminate  and 
such  law  shall  thereupon  go  into  effect:  and  provided,  further". 

The  question  was  next  put  on  the  adoption  of  the  pending  id. 
amendments  of  lines  309,  310  and  318,  moved  by  Mr.  Walker, 
and  142  members  voted  in  the  affirmative  and  107  in  the  nega- 
tive. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Churchill  of  Amherst;  and  on  the  roll  call 
163  members  voted  in  the  affirmative  and  119  in  the  negative, 
as  follows :  — 

YEAS. 

Messrs.  Adams,  Brooks  Messrs.  Brine,  Henry  C. 

Adams,  Smith  J.  Broderick,  Patrick  S. 

Anderson,  Frederick  L.  Brown,  E.  Gerry 

Anderson,  George  W.  Bullock,  William  J. 

Avery,  Nathan  P.  Burrell,  Fred  J. 

Aylward,  James  F.  Butler,  A.  Webster 

Barrett,  James  T.  Callahan,  Timothy  F. 

Bassett,  Edmund  Carr,  Edward 

Batchelder,  Albert  W.  Clark,  Ezra  W. 

Bates,  Sanford  Codman,  James  M.,  Jr. 

Bauer,  Ralph  S.  Coleman,  George  W. 

Begley,  John  S.  Cook,  Benjamin  A. 

Bennett,  Frank  P.  Cooney,  Charles  P. 

Bergengren,  Roy  F.  Corrigan,  Robert  S. 

Bigney,  Robert  E.  Coughlan,  William  J. 

Bodfish,  John  D.  W.  Creamer,  Walter  H. 

Boucher,  Joseph  Zoe'l  Creed,  James  F. 

Bowen,  Patrick  Cummings,  John  W. 

Boynton,  Thomas  J.  Curtis,  Arthur  B. 

Brennan,  James  H.  Curtiss,  Elmer  L. 

Brennan,  James  J.  Daley,  Peter 


462 


JOURNAL  OF  THE   CONVENTION, 


Messrs.  Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Ferrey,  Irving  D. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 


Messrs.  McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 


FRIDAY,  NOVEMBER  9,  1917. 


463 


Messrs.  Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 


Messrs.  Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


163  yeas;  119  nays. 

Therefore  the  amendments  were  adopted,  as  follows :  — 
Striking  out,  in  lines  309  and  310,  the  words  "and  for  pen-  Mr.Waiker, 
alties  for  the  circulation  of  petitions  for  hire  or  reward,";    and  -amendments. 
adding  after  the  word  "to",  in  line  318,  the  words  "The  general 
court  may  provide  by  law  that  no  copartnership  or  corporation 


464  JOURNAL   OF  THE   CONVENTION, 

shall  circulate  petitions  for  hire  or  reward,  may  require  indi- 
viduals to  be  licensed  and  may  make  other  reasonable  regulations 
to  prevent  abuses  arising  from  the  circulation  of  petitions  for 
hire  or  reward." 

Adjournment.  At  four  minutes  before  one  o'clock  Mr.  Underbill  of  Somer- 
ville  moved  that  the  Convention  adjourn;  and  on  this  question 
118  members  voted  in  the  affirmative  and  121  in  the  negative. 

The  same  member  requested  that  the  sense  of  the  Convention 
be  taken  by  yeas  and  nays,  and  more  than  forty  members 
joined  in  the  request. 

Mr.  Walker  of  Brookline  then  asked  unanimous  consent  that  it 
might  be  considered  that  the  yeas  and  nays  had  not  been  ordered. 
No  objection  was  made. 

The  hour  of  one  o'clock  having  arrived,  the  President,  under 
the  provisions  of  a  standing  order,  declared  the  Convention  ad- 
journed, to  meet  on  Tuesday  next  at  half-past  ten  o'clock  A.M. 


TUESDAY,  NOVEMBER  13,   1917.  465 


TUESDAY,  November  13,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Howard  A.  Bridgman,  D.D.,  of 
Brookline,  Editor-in-Chief  of  The  Congregationalist  and  Christian 
World. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Boyer  of  Lynn,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion  and  the  Executive  (sitting  jointly)  be  granted  until  Tuesday,  time- 
November  20,  in  which  to  report  on  matters  before  them. 

Leave  of  Absence. 

On  motion  of  Mr.  Merrill  of  Gloucester,  — 

Ordered,  That  Mr.  Wonson  of  Gloucester  be  granted  leave  of 
absence,  under  Rule  13,  until  November  16,  for  urgent  personal 
reasons. 

Additional  Appropriation  from  the  General  Court. 

Mr.  Sullivan  of  Salem  moved  that  the  committee  on  Rules  and 
Procedure  and  the  committee  on  Contingent  Expenses  and  Pay-  additional  ai>- 
Roll,   sitting  jointly,   be  instructed   to   take  necessary  steps   to  Fr™mrthe°n 
secure  from  the  General  Court  of  1918  a  sufficient  appropriation  General  Court, 
to  cover  the  deficits  already  accrued  at  this  session,  and  the  esti- 
mated expenses  of  the  session  of  the  Convention  to  be  held  in 
1918,  the   appropriation   also   to  include  a  sufficient  sum  to  be 
paid  as  compensation  to  the  delegates  at  the  rate  of  $150  per 
month  during  1918,  and  also  including  compensation  to  be  paid 
the  delegates  for  November,  1917,  at  the  same  rate  of  $150  per 
month,  together  with  the  proper  travelling  or  mileage  expenses 
for  the  1918  session;    but  the  total  of  the  monthly  compensation 
not  to  exceed  $750  to  each  delegate  for  ordinary  services  rendered 
after  November  1,  1917. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  further  consideration 
of  the  motion  be  postponed  until  the  next  session;  and  after  de- 
bate the  motion  to  postpone  prevailed. 

Japanese  Parliamentary  Mission. 

There  being  no  objection,  at  twelve  minutes  past  twelve 
o'clock  the  President  introduced  His  Honor  James  M.  Curley, 
Mayor  of  the  City  of  Boston,  who  called- attention  to  the  pres- 
ence in  the  Convention  Chamber  of  the  Japanese  Parliamentary 
Mission  to  the  United  States,  and  extended  greetings  to  the  dis- 
tinguished guests.  The  President  then  introduced  Hon.  Kotaro 
Mochizuki,  M.  P.,  the  head  of  the  Mission,  who  addressed  the 
members  of  the  Convention. 


466 


JOURNAL  OF  THE  CONVENTION, 


Initiative  and 
referendum. 


Quorum. 


Mr.  Walker,  - 
amendment. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia- 
tive and  referendum  (Doc.  No.  367,  amended),  being  the  un- 
finished business  of  the  last  session,  was  considered  further,  the 
main  question  being  on  ordering  it  to  a  third  reading. 

Mr.  Walker  of  Brookline  asked  for  a  count  of  the  Convention, 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that  170 
members  were  present. 

The  question  first  came  on  the  adoption  of  the  pending  amend- 
ment of  line  319,  moved  by  Mr.  Walker  of  Brookline,  and  81 
members  voted  in  the  affirmative  and  97  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker;  and  on  the  roll  call  140  members 
voted  in  the  affirmative  and  128  in  the  negative,  as  follows: 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bicknell,  WaUace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 


Messrs.  Donovan,  James  A. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  BushneU 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A 
Maguire,  James  E. 


TUESDAY,  NOVEMBER  13,   1917. 


467 


Messrs.  Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 


Messrs.  Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


NATS. 


Messrs.  Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 


468 


JOURNAL  OF   THE   CONVENTION, 


Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 


Messrs.  Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


140  yeas;  128  nays. 


amemimrat~~  Therefore  the  amendment  was  adopted,  as  follows:  Striking 
out,  in  line  319,  the  word  "  one-eighth ",  and  inserting  in  place 
thereof  the  word  "one-fourth". 


Mr.  Putnam, — 
amendments. 


The  question  next  came  on  the  adoption  of  the  pending 
amendments  moved  by  Mr.  Putnam  of  Westfield,  and  107  mem- 
bers voted  in  the  affirmative  and  101  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
147  members  voted  in  the  affirmative  and  132  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  WTalter  L. 
Boyden,  Frank  L. 


Messrs.  Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 


TUESDAY,  NOVEMBER  13,   1917. 


469 


Messrs.  Collins,  Samuel  I. 

Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Flaherty,  William 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gallagher,  Daniel  J. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 

Messrs.  Adams,  Brooks 
fa          Adams,  Smith  J. 

Anderson,  Frederick  L. 

Aylward,  James  F. 

Barrett,  James  T. 

Batchelder,  Albert  W. 

Bauer,  Ralph  S. 

Begley,  John  S. 

Bennett,  Frank  P. 


Messrs.  Lomasney,  Martin  M. 
Look,  William  J. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
Merriam,  John  M. 
Mitchell,  John 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
BuUock,  William  J. 


470 


JOl'KNAL    OK    TIIK    (X)NVENTION, 


MOHHI-H.  lliirrcll,  I'Yed  .1. 

r,iil,l.-r,  A.   \\ek.lrr 
Callal.an,  'I'..,,.,  I  l.y  F. 
(  ';i,rr,   I'idu.-ud 
Clark,   Iv/..  a  VV. 

<  loakley,  i  >ani<-i  n. 

<  '«.  i<  -i  i  i:i.u,  George  W. 

Con  i".iii,   K.obert,  S. 
Coiif/Man,  William  J. 
Creamer,  Waller  II, 

<  uinmingi,  John  W. 

Daley,  I'el.er 
Daly,  John  W. 

I)e:,i,,    L',,!M-I|     \ 

Louis  !«'. 

l>erl>ysliire,  James  If. 
I  )oiiii.-||y,  J.-IIIH       I'. 

DonojrliiKi,  .lolin  A. 

I  )oiiu\aii,    I  ):i,mrl    \L 
Doiiuvjiii,  James  A. 

Doran.  James  P. 

I  >ii.,eol|,    I  ><  inn  :;   I  >. 
l>n::eoll,  Timolhv  -I. 
1'inn,   I-;.   I'liilip 

l'l\e,  I.  .nil  ::  Kduill 
Mvmi,  M:nmre  I.' 
I'l..;  I,  Archie  N. 

<  i.'iihiii.l,   l-'ranris  I'. 
(i:irl.l:uul,  John  .1. 

Gates,  Joseph  8. 

Glu/l.T,    I'mlr.lrk  P. 

(Jood,  John  I'. 
Craumaim,  John 
(in-cn,  ThotiKis  II. 
II:  .....    ,  Benjamin  I'. 
Halo.  Matthrw 

Harding,  <  'l.nvi,,-,-  W. 
M:UTIIM:III,   Arlhur  N. 
UMIIIH.  'I,  ,n,  I'atriok   II. 
Marl.  A||MT|    Itu.-.l.ii.-ll 

Hawloy,  Truman  R. 

Micks,  Crurj-.i  II. 
I  loll,  I.,  Aiii'.ustu.s  .1. 
.lolmsoii,  (  Iharlcs  \l. 
Kdilicr,  John  A. 

i,.,mas  R. 
K.:|lv,  LuU  L. 
Knmy,  HrrlM-rl,  A. 
K«:rr,  Alc\!i,ii(lcr 
Lane,  DwiRlil.  I'1. 

(  !. 


, 

Lcon.-ird,  .lo^-pli  .1. 
Loiinc;,  Aiij-ii  .,lus  T. 
Love,  Joseph  A. 

Lttot.  Robert 

Lynch,  John  C. 


Messrs.  Mju-.\l:i.:.l..-r,  I'idward  A. 
MaRiinc,  .l:iiii.       I 

Mftnsfield,  John  J. 

Mc.(  ':u  !h\  ,   <  'h:illr.S   l<\ 

Mc(  lormaok,  John  \v. 

Mrl:.:i:n-,    I  ':iiil(;l    V. 
McKeon,   1'Vanc.in  I'. 
McLaud,   Aim- 
Merrill,  C  i -i  1 1 

Mioheunan,  Joseph 

Mllrhell,   (  'I, :ulc. 

Mor:m,  \\illiMin 
Moiiiirl.v,  .l.-uii- 

Morrill,  Charles  n 

I\Io\  nili.'iii,  Jam.-     .1. 
Mlirley,  Jo:.e|ih  J. 
Myron,  John   I'1. 
Nestor,   r.-i.lne.k    I1'. 
N«;\\  Ion,    II.    lliieHtis 
O'Connell,  John  J. 

()'(! ,.•!!,  John   I'. 

<)'<  '..nnell,  JoHOph    I1'. 

<  )'(  'onnor,  John    I  ). 
I'eiree,    All. ion  <  J. 
I'ellel  ler,   Jo;  eph   (  '. 
I  '•  li'i  ,;lin.    I'.'illlrk 

<  Mlinc\',  Jo:;i:ih 
<viiiinn,  'riinol.liy   I1'- 

Ray,    llerherl,    L. 

i;ieul...rd,   Loin.:  (  >. 
llOHN,  Samuel 
Slianalian,   \\  illi:i,in  J. 
Shaw,    Mleh:iel    |<'. 
Sli(!a.  John  T. 
Sliee|i:i.n,  (  'hir.lopher  A. 
Sherluirne,    Nel on 
SkcrrrM,   Mark   N. 
Sparrell,   I'irne;  I,  I!. 
Sloel.rr,   (  'h:i,rles 
Slonein:i.n,    I  );i.\  id 

SlllllV.-lll,  Joi.eph  M. 
Sulliv:i.li,  Mirli:ie|  A. 
Siillix  .-in,  \\  ilhiini  J. 
Sui",  Linn 

Tall..,!.,  Harry  It. 

Tl.rllrr,   Italph  L. 
'rhoinpson,    l'l(  l\\  :i  i  <  1 
Twoniey,  John  <  ), 

Walker,  Qeoi 

\\.-dker,   Joseph 
\\:,l    h,    D:i.vi.l    I. 

\\«'l.slcr,  l-'nuiris  M. 
Wel.ster,  (l.-.M-r  I'. 
\\  hippie,  SherniMii  L. 

\\  luiehe.'id,  Jamei 
Wilson,  \\.ll.am  II. 

,  <  !uy   M. 


147  yoas;  132  nays. 


Therefore  the  amend  mm  is  were  adopted,  as  foil" 

MI .  I'uinnm,—       Striking  mil,   in   lines   16  and   17,  the  words  "or  by  recom- 
inmdnlion  of  I  lie  governor  by  im'ssii^r,"; 

Striking   out,    in   lines   39   to   4.'J,    inclusive,    the    \\onls    "An 
amendment  introduced  by  recommendation  «»f  (he  ^ovn-nor  shall 


TUESDAY,    NOVKMIiKU   i:{,    1<M7. 


471 


be  voted  upon  either  in  the  form  in  which  it  was  originally 
recommended  or  in  such  amended  form  as  the  governor  may  by 
message  approve  or  substitute.";  and 

Striking  out,  in  lines  44  and  45,  the  words  "or  by  the  gov- 
ernor". 

The  question    then    came   on    the   adoption    of   the  following  Mr.  Lonng,  - 
pending  amendment,  moved  by  Mr.  Loring  of  Beverly,  and  111  ame 
members  voted  in  the  affirmative  and  103  in  the  negative:  — 

Striking  out,  in  lines  87,  88  and  89,  the  words  "and  if  the 
general  court  into  which  it  is  introduced  fails  to  enact  such 
law",  and  inserting  in  place  thereof  the  words  "or  as  amended 
by  a  vote  of  t]m< -fourths  of  the  members  present  and  voting 
in  each  branch.  If  the  combined  vote  cast  in  the  two  houses  in 
favor  of  such  law  shall  be  equivalent  to  at  least  one-third 
of  the  total  number  of  members  elected  to  the  general  court  but 

rna-l  incut,  fails  ". 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  naysv 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
l.'M  members  voted  in  the  affirmative  and  147  in  the  negative,  as 
follows:  — 


Messrs.  Adams,  Charles  Francis 

Adams,  Scott 
Anderson,  Frederick  L. 
Hailey,  Charles  (). 
Halch,  Francis  N. 

BallantvBB,  John 

Bangs,  I'Yancis  It. 
J'.arnes,  Clarence  A. 
Humes;  (Juorgfj  L. 
Hartlctt,  IIor;u;e  1. 
Hassett,  Jvlmimd 
Hates,  Sanford 
lienton,  Kverctt  C. 
He:-. •-;<:,    Harold  A. 

Blackrnur,  Haul  K. 
Holster,  I'crey  <  i. 
Hoswortli,  Henry  U. 
Bouve",  Walter  L. 
Boyden,  1'Yank  L. 
Boyer,  Klmer  E. 
Hrackett,  John  Q.  A. 
Brooks,  George  I'1. 
Brown,  Samuel  F. 
Hruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Huttriek,  Allan  C. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate-,  Charles  I'1.,  Jr. 
Churchill,  Ceor;n;  B. 
Clapp,  Robert  I'. 
Clark,  Chester  W. 
( lodniari,  James  M.,  Jr. 
Coe,  S.  Ifa/nilton 
Collier,  David  K. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 


YEAS. 


Messrs.  Cook,  Benjamin  A. 
Cook,  Rufus  II.. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Douglass.  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  II. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddmgs,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  KlishaS. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchmgs,  Henry  M. 
Jones,  George  II. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 


472 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kilbon,  John  L. 

Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Daley,  Peter 


Messrs.  Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks/ George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 


TUESDAY,  NOVEMBER  13,  1917. 


473 


Messrs.  Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 


Messrs.  Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


134  yeas;  147  nays. 

Therefore  the  amendment  was  rejected. 

The  following  pending  amendments,  moved  by  Mr.  Churchill 
of  Amherst,  were  then  adopted:  Striking  out,  in  line  18,  the 
word  "otherwise";  and  inserting  after  the  word  "introduced", 
in  the  same  line,  the  words  "into  the  general  court  without  such 
initiative  petition,  authority  for  which  mode  of  introduction  is 
hereby  specifically  granted  and  continued,". 

On   the   question   on   the   adoption   of   the   following  pending  id 
amendments,  moved  by  Mr.  Churchill,  116  members  voted  in  the 
affirmative  and  102  in  the  negative:     Striking  out,  in  lines  51 
and  61,  the  word  "one-quarter",  and  inserting  in  place  thereof, 
in  each  instance,  the  word  "one-third". 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
142  members  voted  in  the  affirmative  and  143  in  the  negative,  as 
follows:  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  0. 


Messrs.  Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 


474 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 


Messrs.  Hale,  Edward  R. 

Hall,  Elisha  S. 

Hall,  Frederick  S. 

Hall,  Isaac  Freeman 

Hamilton,  Andrew  Foster 

Hibbard,  Charles  E. 

Hobbs,  Clarence  W.,  Jr. 

Hutchings,  Henry  M. 

Jones,  George  R. 

Kelley,  George  W. 

Kenefick,  Thomas  W. 

Kinney,  William  S. 

Kneil,  Arthur  S. 

Lane,  Daniel  W. 

Langelier,  Louis  F.  R. 

Logan,  James 

Look,  William  J. 

Loring,  Augustus  P 

Lowe,  Arthur  H. 

Lowell,  James  A. 

Luce,  Robert 

Lummus,  Henry  T. 

Lyman,  Frank  E. 

McAnarney,  John  W. 

McLaud,  Abner  S. 

Merriam,  John  M. 

Michelman,  Joseph 

Mitchell,  Charles 

Montague,  David  T. 

Moore,  Charles  D.  C. 

Morton,  James  M. 

Nutting,  Edward  H. 

Parker,  George  S. 

Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


TUESDAY,  NOVEMBER  13,  1917. 


475 


Messrs.  Whittier,  Eugene  P. 

Willett,  George  Franklin 
Williams,  Fred  Homer 

Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Dor  an,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 


Messrs.  Wing,  Herbert 

Wood,  Charles  J. 
Youngman,  William  S. 

NATS. 

Messrs.  Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  LouiarO. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 


476  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Sheehan,  Christopher  A.  Messrs.  Thompson,  Edward 

Sherburne,  Nelson  Twomey,  John  C. 

Skerrett,  Mark  N.  Walker,  George 

Sparrell,  Ernest  H.  Walker,  Joseph 

Stoeber,  Charles  Walsh,  David  I. 

Sullivan,  Joseph  M.  Webster,  Francis  E. 

Sullivan,  Michael  A.  Webster,  George  P. 

Sullivan,  William  H.  Whipple,  Sherman  L. 

Sullivan,  William  J.  Whitehead,  James 

Swig,  Louis  .  Wilson,  William  H. 

Talbot,  Harry  R.  Winslow,  Guy  M. 
Theller,  Ralph  L. 

142  yeas;  143  nays. 

Therefore  the  amendments  were  rejected. 
Mr.  Biackmur,        On   the   question   on   the   adoption   of   the  following   pending 

—  amendment.  ,  i    i         -n/i-        v»i       i  c    s\    • 

amendment,  moved  by  Mr.  Biackmur  of  Qumcy,  111  members 
voted  in  the  affirmative  and  110  in  the  negative:  Striking  out, 
in  lines  15  and  16,  the  words  "twenty-five  thousand  qualified 
voters",  and  inserting  in  place  thereof  the  words  "five  per  cent 
of  the  qualified  voters  of  the  commonwealth,  calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election/'. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
139  members  voted  in  the  affirmative  and  146  in  the  negative, 
as  follows :  — 

YEAS. 

Messrs.  Adams,  Charles  Francis  Messrs.  Clark,  Chester  W. 

Adams,  Scott  Codman,  James  M.,  Jr. 

Avery,  Nathan  P.  Coe,  8.  Hamilton 

Bailey,  Charles  O.  Collier,  David  R. 

Balch,  Francis  N.  Collins,  Samuel  I. 

Ballantyne,  John  Coogan,  Clement  F. 

Bangs,  Francis  R.  Cook,  Benjamin  A. 

Barnes,  Clarence  A.  Cook,  Rufus  H. 

Barnes,  George  L.        »  Coolidge,  Louis  A. 

Bartlett,  Horace  I.  Coombs,  Zelotes  W. 

Bassett,  Edmund  Costello,  Francis  M. 

Bates,  Sanford  Cox,  Guy  W. 

Benton,  Everett  C.  Crafts,  Lyman  A. 

Besse,  Harold  A.  Crosby,  J.  Ho  well 

Biackmur,  Paul  R.  Crossley,  William  Cyril 

Bolster,  Percy  G.  Curtis,  Edwin  U. 

Bosworth,  Henry  H.  Curtiss,  Elmer  L. 

Bouve",  Walter  L.  Dale,  George  H. 

Boyden,  Frank  L.  Davis,  Elbridge  G. 

Boyer,  Elmer  E.  Davis,  William  R. 

Brackett,  John  Q.  A.  Delano,  Robert  T. 

Brooks,  George  F.  Dellinger,  Raymond  P. 

Brown,  Samuel  F.  Doe,  Orestes  T. 

Bruce,  Charles  Dresser,  Frank  F. 

Bryant,  Lincoln  Dutch,  Charles  Frederick 

Burns,  William  A.  Farnsworth,  Frank  S. 

Buttrick,  Allan  G.  Feiker,  William  H. 

Chandler,  Leonard  B.  Ferrey,  Irving  D. 

Charbonneau,  Henry  V.  Ferry,  James  R. 

Chase,  Mial  W.  Fisher,  Edward 

Choate,  Charles  F.,  Jr.  Fraser,  Eugene  B. 

Churchill,  George  B.  French,  Asa  P. 

Clapp,  Robert  P.  Frost,  Archie  N. 


L 


TUESDAY,  NOVEMBER  13,  1917. 


477 


Messrs.  Gates,  Joseph  S. 

Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard.  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hatchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
MitcheU,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 


Messrs.  Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 


478 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Good,  John  P. 

Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley.  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 


.  Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,'  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C, 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


Proposed 


Mr.  Hibbard, 
amendments. 


139  yeas;  146  nays. 

Therefore  the  amendment  was  rejected. 

At  sixteen  minutes  before  one  o'clock  Mr.  George  of  Haver- 
hill  moved  that  the  Convention  take  a  recess  until  two  o'clock; 
and  this  motion  was  negatived. 

The  question  next  came  on  the  adoption  of  the  following 
pending  amendments,  moved  by  Mr.  Hibbard  of  Pittsfield,  and 
99  members  voted  in  the  affirmative  and  115  in  the  negative:  — 

Striking  out,  in  lines  5  and  6,  the  words  "  and  amendments  to 
the  constitution";  and 

Striking  out  lines  13  to  78,  inclusive  (as  amended). 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Churchill  of  Amherst;  and  on  the  roll  call 
130  members  voted  in  the  affirmative  and  152  in  the  negative,  as 
follows:  — 


TUESDAY,  NOVEMBER  13,  1917. 


479 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick.  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 


Messrs.  Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury.  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton.  Rufus  H. 
Turner,  Joseph 
Underhill,.,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 


480 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 


Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NATS. 

Messrs.  Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny.  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 


TUESDAY,  NOVEMBER  13,  1917. 


481 


Messrs.  Ray,  Herbert  L. 

Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D.    j 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 


Messrs.  Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wlnslow,  Guy  M. 


130  yeas;  152  nays. 

Therefore  the  amendments  were  rejected. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

Mr.  Gleason  of  Andover  doubted  the  presence  of  a  quorum;  Quorum. 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum   the   question   came   on   the  Mr. Bailey,— 
adoption  of  the  following  pending  amendments,  moved  by  Mr.  amendments. 
Bailey  of  Newbury:    Striking  out,  in  line  273,  the  words  "ten 
thousand",  and  inserting  in  place  thereof  the  words  "five  per 
cent  of";    and  inserting  in  line  274,  after  the  word  "common- 
wealth",  the   words   ",   calculated   upon   the   whole  number  of 
votes  cast  for  governor  at  the  last  preceding  election". 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
126  members  voted  in  the  affirmative  and  144  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boy  den,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 


Messrs.  Chandler,  Leonard  B. 

Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  William  R. 


482 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 


Messrs.  Mitchell,  Charles 

Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  WaUace  H. 
Bigney,  Rober.t  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 


Messrs.  Butler,  A.  Webster 

Callahan,  Timothy  F. 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 


TUESDAY,  NOVEMBER  13,  1917. 


483 


Messrs.  Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Kelley,  Thomas  R. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 

126  yeas; 


Messrs.  Moran,  William 

Moriarty,  James  T. 

Merrill,  Charles  H. 

Moynihan,  James  J. 

Murley,  Joseph  J. 

Myron,  John  F. 

Nestor,  Patrick  F. 

Newhall,  Arthur  N. 

Newton,  H.  Huestis 

Nutting,  Edward  H. 

O'Connell,  John  J. 

O'Connell,  John  P. 

O'Connell,  Joseph  F. 

O'Connor,  John  D. 

Peirce,  Albion  G. 

Pelletier,  Joseph  C. 

Peterson,  Patrick 

Quincy,  Josiah 

Quinn,  Timothy  F. 

Ray,  Herbert  L. 

Rieutord,  Louis  O. 

Ross,  Samuel 

Sawyer,  Roland  D. 

Shanahan,  William  J. 

Shaw,  Michael  F. 

Shea,  John  T. 

Sheehan,  Christopher  A. 

Sherburne,  Nelson 

Skerrett,  Mark  N. 

Sparrell,  Ernest  H. 

Stoeber,  Charles 

Sullivan,  Joseph  M. 

Sullivan,  Michael  A. 

Sullivan,  William  H. 

Sullivan,  William  J. 

Swig,  Louis 

Talbot,  Harry  R. 

Thompson,  Edward 

Twomey,  John  C. 

Walker,  George 

Walker,  Joseph 

Walsh,  David  I. 

Webster,  Francis  E. 

Webster,  George  P. 

Whipple,  Sherman  L. 

Whitehead,  James 

Wilson,  William  H. 

Winslow,  Guy  M. 
144  nays. 


Therefore  the  amendments  were  rejected. 

The  question  next  came  on  the  adoption  of  the  following  pend-  Mr. 
ing  amendments,  moved  by  Mr.  Pillsbury  of  Wellesley:  — 

Striking  out,  in  lines  5  and  6,  the  words  "  and  amendments  to 
the  constitution";    and 

Striking  out  lines  13  to  74,  inclusive. 

Mr.  Walker  of  Brookline  raised  the  point  of  order  that  these  Pointof 
amendments   were   not   properly   before   the    Convention,    being  order- 
identical  with  the  amendments  moved  by  Mr.  Hibbard,  and  re- 
jected.    The  President  declared  the  point  of  order  well  taken. 

Mr.  Pillsbury  then  withdrew  the  remaining  pending  amend- 
ments moved  by  him,  there  being  no  objection. 


—  amendments. 


484 


JOURNAL  OF  THE   CONVENTION, 


Mr.  Wellman, 
—  amendment. 


The  question  next  came  on  the  adoption  of  the  pending 
amendment  moved  by  Mr.  Wellman  of  Topsfield,  and  131  mem- 
bers voted  in  the  affirmative  and  89  in  the  negative. 

The  sense  of  the  convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Aylward  of  Cambridge;  and  on  the  roll 
call  158  members  voted  in  the  affirmative  and  123  in  the  nega- 
tive, as  follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  oanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W.      . 
Crafts,  Lyman  A. 
Craven,  John  H. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale",  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Douglass,  John  J. 


Messrs.  Dresser,  Frank  F. 

Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 


TUESDAY,  NOVEMBER  13,  1917, 


485 


Messrs.  Morton,  James  M. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 


Messrs.  Sullivan,  Michael  A. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing.  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Donovan,  Thomas  F. 
Doran,  James  P.  . 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
George,  Samuel  W. 
Good,  John  P. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  D  wight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 


486 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 


Messrs.  Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
UnderhilK  Charles  L. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 


158  yeas;  123  nays. 


Mr.  Wellman, 
—  amendment. 


Mr.  Parkman, 
—  amendment. 


Point  of 
order. 


Therefore  the  amendment  was  adopted,  as  follows:  Adding 
after  line  295  the  following  paragraph:  — 

"No  law  relating  to  the  appointment,  qualification,  tenure  or 
removal  or  compensation  of  judges,  or  relating  to  the  powers, 
creation  or  abolition  of  courts,  shall  be  the  subject  of  such  refer- 
endum petition." 

The  question  then  came  on  the  adoption  of  the  following 
pending  amendment,  moved  by  Mr.  Parkman  of  Boston:  Strik- 
ing out,  in  lines  87  and  88,  the  words  "and  if",  and  inserting  in 
place  thereof  the  words  "or  as  amended  by  a  vote  of  three- 
quarters  of  the  members  present  and  voting  in  each  branch,  and 
if  of  the  members  present  and  voting  one-third  of  the  house  and 
one-fourth  of  the  senate  vote  for  such  enactment,  but". 

Mr.  Sullivan  of  Lawrence  raised  the  point  of  order  that  the 
amendment  was  not  properly  before  the  Convention,  being  sub- 
stantially the  same  as  the  amendment  moved  by  Mr.  Loring  of 
Beverly,  and  rejected.  The  President  declared  the  point  of  order 
not  well  taken. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Hale  of  Boston;  and  on  the  roll  call  128 
members  voted  in  the  affirmative  and  148  in  the  negative,  as 
follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 


Messrs.  Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 


TUESDAY,  NOVEMBER  13,  1917. 


487 


Messrs.  Chandler,  Leonard  B. 

Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 


Messrs.  Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Adams,  Brooks 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 


Messrs.  Bowen,  Patrick 

Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 


488 


JOUKNAL  OF  THE  CONVENTION, 


Messrs.  Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan.  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 


Messrs.  Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


128  yeas;  148  nays. 

Therefore  the  amendment  was  rejected. 
Mr.  Washburn,       Mr.  Washburn  of  Middleborough  then  withdrew  the  pending 

—  amendments.  ,  i  i        i  •         ..i  i     •  i  •       .« 

amendments  moved  by  him,  there  being  no  objection. 


TUESDAY,  NOVEMBER  13,  1917. 


489 


The  question  then  came  on  the  adoption  of  the  following  pend-  Mr.  Richard- 
ing  amendment,  moved  by  Mr.  Richardson  of  Newton:     Insert- 
ing  after  line  78  the  following  paragraph :  — 

"No  part  of  the  constitution  which  provides  for  the  establish- 
ment of  the  popular  initiative  and  referendum  shall  be  the  sub- 
ject of  an  initiative  petition." 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
137  members  voted  in  the  affirmative  and  140  in  the  negative, 
as  follows :  — 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Begley,  John  S. 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
•Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 


YEAS. 

Messrs.  Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 


490 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S.  . 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Charbonneau,  Henry  V. 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 


Messrs.  Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 

Messrs.  Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W.  • 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 


TUESDAY,  NOVEMBER  13,  1917. 


491 


Messrs.  Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 


Messrs.  Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


137  yeas;  140  nays. 


Therefore  the  amendment  was  rejected. 

The   question   next   came   on   the   adoption  of  the  remaining  Mr.  Richard- 
pending  amendment,  moved  by  Mr.  Richardson  of  Newton,  and 
108  members  voted  in  the  affirmative  and  97  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
145  members  voted  in  the  affirmative  and  128  in  the  negative,  as 
follows:  — 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
A  very,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 


YEAS. 

Messrs.  Chandler,  Leonard  B. 

Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Udwin  U. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 


492 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman  Frank  E. 
Mancovitz,  David 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 


Messrs.  Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Burrell,  Fred  J. 

Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 


TUESDAY,  NOVEMBER  13,  1917. 


493 


Messrs.  Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland.  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 


Messrs.  McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor.  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 


145  yeas ;  128  nays. 

Therefore  the  amendment  was  adopted,  as  follows :   Inserting  Mr.  Richard- 
after  line  78  the  following  paragraph:  —  Amendment. 

"  No  part  of  the  constitution  specifically  excluding  any  matter 
from  the  operation  of  the  popular  initiative  and  referendum  shall 
be  the  subject  of  an  initiative  petition." 

Mr.  Kinney  of  Boston  then  moved  that  the  Convention  ad-  Adjournment. 
journ;    and  this  motion  prevailed. 

Accordingly,  at  five  minutes  before  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


494 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  November  14,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Albert  H. 
Washburn. 


Michael  A. 
Sullivan. 


Leave  of  Absence. 

On  motion  of  Mr.  Creed  of  Boston,  — 

Ordered,  That  Mr.  Washburn  of  Middleborough  be  granted 
leave  of  absence,  under  Rule  13,  until  Tuesday,  November  20, 
on  account  of  important  engagements  outside  of  the  Common- 
wealth. 

On  motion  of  Mr.  Twomey  of  Lawrence,  — 

Ordered,  That  Mr.  Sullivan  of  Lawrence  be  granted  leave  of 
absence  from  the  morning  session  to-day,  in  order  that  he  may 
attend  a  funeral  service. 


Method  of 
procedure. 


Committee  on 
Rules  and 
Procedure,  — 
approval  of 
bills  of  the 
Convention. 


Convention  Procedure. 

Mr.  Kilbon  of  Springfield  offered  the  following  order:  — 
Ordered,  That,  after  completion  of  the  votes  now  pending  on 
the  passage  to  a  third  reading  of  the  Resolution  to  provide  for 
establishing  the  popular  initiative  and  referendum,  the  Conven- 
tion go  into  Committee  of  the  Whole  for  the  consideration  of 
such  matters  upon  its  Docket  as  are  the  subject  of  unanimous 
adverse  reports  from  the  committees  to  which  they  were  re- 
ferred: provided,  that,  whenever  the  committee  on  Form  and 
Phraseology  shall  report  to  the  Convention  the  Resolution  to 
provide  for  establishing  the  popular  initiative  and  referendum, 
the  question  on  passing  that  resolution  to  be  engrossed  shall  have 
precedence  over  all  other  questions  in  regular  order,  so  far  as  not 
inconsistent  with  the  rules  of  the  Convention. 

After  debate  the  further  consideration  of  the  order  was  post- 
poned until  the  next  session,  at  the  request  of  Mr.  Feiker  of 
Northampton. 

Approval  of  Bills  of  the  Convention. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be 
authorized  to  designate  some  member  of  said  committee  to  ap- 
prove, during  the  recess  of  the  Convention,  bills  for  editing  the 
stenographic  report  of  the  proceedings  of  the  Convention  and  of 
the  Committee  of  the  Whole,  or  other  bills  relating  to  the  work 
of  the  Convention. 


WEDNESDAY,  NOVEMBER  14,  1917.  495 


Discharged  from  the  Orders  of  the  Day. 

On  motion  of  Mr.  Sullivan  of  Salem  the  motion  that  the  com-  Expenses  of  the 
mittee  on  Rules  and  Procedure  and  the  committee  on  Contingent 
Expenses  and  Pay-Roll,  [A]  sitting  jointly,  be  instructed  to  take 
necessary  steps  to  secure  from  the  General  Court  of  1918  a  suf- 
ficient  appropriation  to  cover  the  deficits  already  accrued  at  this 
session,  and  the  estimated  expenses  of  the  sessions  of  the  Con- 
vention to  be  held  in  1918  [B],  the  appropriation  also  to  include 
a  sufficient  sum  to  be  paid  as  compensation  to  the  delegates  at 
the  rate  of  $150  per  month  during  1918,  and  also  including  com- 
pensation to  be  paid  the  delegates  for  November,  1917,  at  the 
same  rate  of  $150  per  month,  together  with  the  proper  travelling 
or  mileage  expenses  for  the  1918  session  [C];  but  the  total  of  the 
monthly  compensation  not  to  exceed  $750  to  each  delegate  for 
ordinary  services  rendered  after  November  1,  1917,  —  was  dis- 
charged from  the  Orders  of  the  Day,  under  Rule  39,  and  con- 
sidered. 

The  same  member  moved  that  the  motion   be   amended  by  Mr.  Sullivan,  — 
striking  out,  at  "A",  the  words  "sitting  jointly,  be  instructed  to  ame 
take  necessary  steps  to  secure",  and  inserting  in  place  thereof 
the  words  "  acting  jointly,  be  requested  to  inquire  into  the  matter 
of  securing". 

Mr.  Cook  of  Northampton  moved  that  the  motion  be  amended 
by  striking  out  all  after  the  word  "session",  at  "C". 

Mr.  Brown  of  Brockton  moved  that  the  motion  be  amended  by  Mr.  Brown,  — 
striking  out  all  after  the  date  "1918",  at  "B". 

After  debate  Mr.  Delaney  of  Holyoke  moved  the  previous 
question;  and  this  motion,  after  further  debate,  was  adopted. 

The  amendment  moved  by  Mr.  Sullivan  was  then  adopted; 
and  the  amendment  moved  by  Mr.  Brown  was  adopted,  by  a 
vote  of  104  to  27.  The  amendment  moved  by  Mr.  Cook  was 
thus  eliminated. 

The  motion,  as  amended,  was  then  adopted,  by  a  vote  of  99 
to  73. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive  and  referendum   (Doc.   No.   367,   amended),   being  the  un-  referendum- 
finished  business  of  the  last  session,  was  considered  further,  the 
in  question  being  on  ordering  it  to  a  third  reading. 

The  question  first  came  on  the  pending  amendment  moved 
by  Mr.  Burns  of  Pittsfield;  and  it  was  adopted,  as  follows:  Add- 
ing after  the  word  "repealed",  in  line  286,  the  words  ":  pro- 
vided, that  no  such  law  shall  be  held  to  be  disapproved  if  the 
negative  vote  is  less  than  thirty  per  cent  of  the  highest  number 
of  votes  cast  at  such  state  election". 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Swig,  — 
moved  by  Mr.  Swig  of  Taunton:   Inserting  after  line  74  the  fol-  " 
lowing  paragraph:  — 


496 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Swig,- 
arnendment. 


"Provided,  however,  that  no  amendment  to  the  constitution 
relating  to  religion,  religious  practices  or  religious  institutions 
shall  be  the  subject  of  an  initiative  petition." 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;  and  on  the 
roll  call  184  members  voted  in  the  affirmative  and  89  in  the 
negative,  as  follows :  — 

YEAS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 


Messrs.  Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 


WEDNESDAY,  NOVEMBER   14,   1917. 


497 


Messrs.  Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
.    Shattuck,  Josiah  B. 


Messrs.  Adams,  Brooks 

Aylward,  James  F. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Brown,  E.  Gerry 
Burrell,  Fred  J. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 


Messrs.  Shea,  John  M. 

Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White.  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
George,  Samuel  W. 
Granfield,  William  J. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H, 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Leboeuf ,  Telesphore 
Love,  Joseph  A. 
Lynch,  John  C. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 


498  JOURNAL   OF  THE   CONVENTION, 

Messrs.  McCarthy,  Charles  F.  Messrs.  Sawyer,  Roland  D. 

McCormack,  John  W.  Shanahan,  William  J. 

McKeon,  Francis  P.  Shaw,  Michael  F. 

Mitchell,  John  Shea,  John  T. 

Moran,  William  Sheehan,  Christopher  A. 

Moriarty,  James  T.  Sherburne,  Nelson 

Merrill,  Charles  H.  Stoeber,  Charles 

Moynihan,  James  J.  Sullivan,  Joseph  M. 

Murley,  Joseph  J.  Sullivan,  William  H. 

Myron,  John  F.  Sullivan,  William  J. 

O'Connell,  John  P.  Thompson,  Edward 

O'Connell,  Joseph  F.  Walker,  George 

O'Connor,  John  D.  Walker,  Joseph 

Pelletier,  Joseph  C.  Walsh,  David  I. 

Quincy,  Josiah  Wilson,  William  H. 

Quinn,  Timothy  F.  Winslow,  Guy  M. 
Ross,  Samuel 

184  yeas;  89  nays. 

Therefore  the  amendment  was  adopted. 

The  following  pending  amendment,  moved  by  Mr.  George  of 
Haverhill,  was  adopted:  Inserting  after  the  word  "recommenda- 
tions", in  line  301,  the  words  ",  with  the  reason  therefor,". 

Mr.  George  then  withdrew  the  remaining  pending  amendments 
moved  by  him,  there  being  no  objection. 

amendment1'"      ^J16  f°U°wing  pending  amendment,  moved  by  Mr.  William  H. 

Sullivan  of   Boston,  was  rejected:  Striking  out,  in  line  206,  the 

word  "powers,". 
amemime'nts."       Mr.  Dennis  D.  Driscoll  of  Boston  then  withdrew  the  pending 

amendments  moved  by  him,  there  being  no  objection. 

— rn  ^ne  <luestion  tnen  came  on  the  adoption  of  the  following 

pending  amendment,  moved  by  Mr.  O'Connell  of  Boston: 
Striking  out,  in  lines  203  to  208,  inclusive,  the  following  para- 
graph:- 

"No  law  or  amendment  to  the  constitution  relating  to  the 
appointment,  qualification,  tenure,  or  removal  or  compensa- 
tion of  judges;  or  relating  to  the  recall  of  judges  or  judicial 
decisions;  or  relating  to  the  powers,  creation  or  abolition  of 
courts,  shall  be  the  subject  of  such  initiative  petition." 

Mr.  O'Connell  asked  unanimous  consent  to  withdraw  the 
amendment.  Objection  was  made  by  Mr.  Dutch  of  Winchester. 

The  amendment  was  then  rejected,  by  a  vote  of  66  to  140. 

^n  ^e  (lues^on  on  ordering  the  resolution,  as  amended,  to  a 
third  reading  the  sense  of  the  Convention  was  taken  by  yeas 
and  nays,  at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the 
roll  call  165  members  voted  in  the  affirmative  and  111  in  the 
negative,  as  follows :  — 

YEAS. 

Messrs.  Adams,  Brooks  Messrs.  Bauer,  Ralph  S. 

Adams,  Smith  J.  Begley,  John  S. 

Anderson,  Frederick  L.  Bennett,  Frank  P. 

Avery,  Nathan  P.  Bergengren,  Roy  F. 

Aylward,  James  F.  Bicknell,  Wallace  H. 

Barrett,  James  T.  Bigney,  Robert  E. 

Batchelder,  Albert  W.  Bodfish,  John  D.  W. 

Bates,  Sanford  Boucher,  Joseph  Zoe'l 


WEDNESDAY,  NOVEMBER  14,   1917. 


499 


Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 


Messrs.  Keliher,  John  A. 

Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  0. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A 


500 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Swig,  Louis 

Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 


Messrs.  Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Willett,  George  Franklin 
Wilson,  William  H. 
Win  slow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W, 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 


Messrs.  French,  Asa  P. 

Gaylord,  Henry  E. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S.      • 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Logan,  James 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


WEDNESDAY,  NOVEMBER  14,  1917.  501 

Messrs.  Whittier,  Eugene  P.  Messrs.  Wood,  Charles  J. 

Williams,  Fred  Homer  Youngman,  William  S. 

Wing,  Herbert 

165  yeas;  111  nays. 

Therefore  the  resolution,  as  amended  (Doc.  No.  369),  was 
ordered  to  a  third  reading. 

The  report  of  the  committees  on  Rules  and  Procedure  (sitting  Address  to  the 
jointly  with  the  committee  on  Codification  and  Amendment  of  the  people> 
Constitution),  recommending  an  address  to  the  people  with  refer- 
ence to  the  amendments  to  be  submitted  at  the  1917  state  election, 
and  the  adoption  of  an  order  relative  to  the  publication  thereof 
(see  Doc.  No.  366),  was  then  considered;   and  it  was  rejected. 

The  following  order  was  then  considered:  — 

Ordered,  That  such  porters  [A]  as  the  Sergeant-at-Arms  shall 
certify  have  been  in  attendance  in  the  employ  of  the  Common- 
wealth  in  and  about  the  rooms  and  corridors  occupied  by  the 
Convention  and  its  committees,  or  members  thereof,  since  the 
Convention  has  been  in  session,  be  paid  the  sum  of  fifty  dollars 
each  as  extra  compensation  by  reason  of  the  holding  of  said 
Convention. 

Pending  the  question  on  the  adoption  of  the  amendment  pre-  Mr.  Twomey, 
viously  moved  by  Mr.  Underbill  of  Somerville  (inserting  after  the  -amendment, 
word    "porters",    at   "A",    the   words    "and   watchmen"),  Mr. 
Twomey  of  Lawrence  moved  that  the  order  be  amended  by  also 
inserting,  at  "A",  the  words  "and  scrubwomen". 

After  debate  Mr.  Besse  of  Newburyport  moved  the  previous 
question;  and  this  motion,  after  further  debate,  was  negatived. 

Mr.  Curtis  of  Revere  then  moved  that  the  order  and  pending 
amendments  be  recommitted  to  the  committee  on  Contingent 
Expenses  and  Pay-Roll;  and  this  motion  prevailed. 

Taken  from  the  Table. 

On  motion  of  Mr.  Balch  of  Boston  the  following  resolution,  Necessaries  of 
presented  by  him  on  October  11,  was  taken  from  the  table:  —         S&wnent, 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the  g|le  and 
article  of  amendment  authorizing  the  enactment  of  laws  govern- 
ing the  acquirement,  sale  and  distribution  of  the  necessaries  of 
life,  was  intended  for  emergency  use  only,  to  wit,  in  abnormal 
times  or  circumstances;  and  that  it  was  intended  the  Legislature 
should  be  the  sole  judge  of  the  existence  of  such  times  or  cir- 
cumstances. 

Mr.  Balch  then  withdrew  the  resolution,  there  being  no  objection. 

Reduction  in  Fares  to  Camp  Devens. 

Mr.  Coughlan  of  Boston  presented  the  following  resolution: —  Reduction  of 
Whereas,    A  movement  has  been  instituted  for  the  purpose  of  Devensatamp 

securing  a  reduction  in  the  train  fare  for  the  men  detailed  at  Ayer. 

Camp  Devens;    and 


502 


Proposed  ses- 
sion of  the 
Committee 
of  the  Whole. 


Adjournment. 


JOURNAL   OF   THE   CONVENTION, 

Whereas,  The  opportunities  of  the  men  of  the  national  army 
at  Ayer  of  visiting  their  families  and  friends  are  very  much 
limited  by  reason  of  the  train  fare  being  entirely  out  of  propor- 
tion to  their  financial  means;  and 

Whereas,  The  affording  of  an  opportunity  for  the  men  at 
Camp  Devens,  under  reasonable  conditions,  to  visit  their  homes 
is  a  public  duty  which  "public  utilities"  should  recognize;  and 

Whereas,  Such  an  opportunity  operates  as  an  incentive  for 
strict  adherence  to  military  duties;  now  therefore  be  it 

Resolved,  That  the  Constitutional  Convention  of  The  Com- 
monwealth of  Massachusetts  hereby  places  itself  on  record  in 
favor  of  a  reasonable  reduction  in  the  rate  of  fare  on  the  Boston 
and  Maine  Railroad  for  the  trip  to  and  from  Camp  Devens  on 
Saturdays,  Sundays  and  holidays  for  the  benefit  of  the  soldiers* 
their  families  and  the  general  public. 

The  same  member  moved  a  suspension  of  Rule  36,  that  the 
resolution  might  be  considered;  and  this  motion  was  negatived. 

Committee  of  the  Whole  —  Adjournment. 

Mr.  Sawyer  of  Ware  moved  that  the  Convention  resolve  itself 
into  Committee  of  the  Whole,  for  the  purpose  of  considering 
such  matters  on  its  Docket  as  have  been  given  unanimous  ad- 
verse reports  by  the  committees  to  which  they  were  referred. 

Mr.  Edwin  U.  Curtis  of  Boston  then  moved  that  the  Con- 
vention adjourn,  to  meet  on  Tuesday  next  at  one  o'clock  P.M. 

The  question  first  came  on  the  motion  of  Mr.  Curtis;  and 
after  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Collins  of  Amesbury. 

The  motion  of  Mr.  Curtis  was  then  adopted,  by  a  vote  of  147 
to  75. 

Accordingly,  at  twenty  minutes  before  one  o'clock,  the  Con- 
vention adjourned,  to  meet  on  Tuesday  next  at  one  o'clock  P.M. 


TUESDAY,  NOVEMBER  20,  1917.  503 


TUESDAY,  November  20,  1917. 
Met  according  to  adjournment,  at  one  o'clock  P.M. 

Prayer  was  offered  by  Rev.  Roland  D.  Sawyer  of  Ware,  a 
member  of  the  Convention. 

Extension  of  Time  for  Certain  Reports. 

On  motion  of  Mr.  Rieutord  of  Southbridge,  — 

Ordered,  That  the  committees  on  Amendment  and  Codification  Reports  of 
of  the  Constitution,  State  Administration,  and  State  Administra- 
tion  and  the  Executive  (sitting  jointly)  be  granted  further  time  time. 
in  which  to  report  on  matters  before  them. 

Committee  on  Form  and  Phraseology  —  Report  on  the  Initiative 

and  Referendum. 

Mr.  Hobbs  of  Worcester  offered  the  following  order:  — 
Ordered,    That  the  committee  on  Form  and  Phraseology  be  ex-  Committee  on 
cused  from  reporting  in  detail  all  alterations  in  punctuation  and  phrSSfogy, 
phraseology,  which  have  to  do  only  with  questions  of  form,  in  [^Stive  anS 
the  Resolution  to  provide  for  establishing  the  popular  initiative  referendum. 
and  referendum  (Doc.  No.  369). 

After  debate  the  order  was  adopted. 

Convention  Procedure. 

The  following  order,  offered  by  Mr.  Kilbon  of  Springfield,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
rejected,  by  a  vote  of  30  to  53:  — 

Ordered,  That,  after  completion  of  the  votes  now  pending  on  Method  of 
the  passage  to  a  third  reading  of  the  Resolution  to  provide  for  Procedure- 
establishing  the  popular  initiative  and  referendum,  the  Conven- 
tion go  into  Committee  of  the  Whole  for  the  consideration  of 
such  matters  upon  its  Docket  as  are  the  subject  of  unanimous 
adverse  reports  from  the  committees  to  which  they  were  re- 
ferred: provided,  that,  whenever  the  committee  on  Form  and 
Phraseology  shall  report  to  the  Convention  the  Resolution  to 
provide  for  establishing  the  popular  initiative  and  referendum, 
the  question  on  passing  that  resolution  to  be  engrossed  shall  have 
precedence  over  all  other  questions  in  regular  order,  so  far  as  not 
inconsistent  with  the  rules  of  the  Convention. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Sawyer  of  Ware,  that  the  Convention  re-  proposed  ses- 
solve  itself  into  Committee  of  the  Whole  for  the  purpose  of  con-  committee  of 


the  Whole. 


504 


Proposed  ses- 
sion of  the 
Committee  of 
the  Whole. 


Quorum. 


Adjournment. 


JOURNAL   OF   THE   CONVENTION, 

sidering  such  matters  on  its  Docket  as  have  been  given  unani- 
mous adverse  reports  by  the  committees  to  which  they  were 
referred,  being  the  unfinished  business  of  the  last  session,  was 
negatived,  by  a  vote  of  38  to  77. 

Proposed   Session  of  the   Committee  of  the   Whole. 

Mr.  Luce  of  Waltham  moved  that  the  Convention  resolve  it- 
self into  Committee  of  the  Whole,  for  the  purpose  of  considering 
the  resolutions  relative  to  the  election  and  term  of  office  of 
judges;  and  on  this  motion  58  members  voted  in  the  affirmative 
and  65  in  the  negative. 

Mr.  Luce  raised  the  point  of  order  that  a  quorum  was  not 
present.  A  count  of  the  Convention  showed  that  158  members 
were  present. 

On  the  appearance  of  a  quorum,  and  after  debate  on  the  mo- 
tion of  Mr.  Luce,  Mr.  Parkman  of  Boston  moved  that  the  Con- 
vention adjourn;  and  this  motion  prevailed. 

Accordingly,  at  twenty-seven  minutes  after  one  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


WEDNESDAY,  NOVEMBER  21,  1917.  505 


WEDNESDAY,  November  21,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Willard  T.  Perrin,  D.D.,  of  Newton. 

Leave  of  Absence. 

On  motion  of  Mr.  Bullock  of  New  Bedford,  '• — 

Ordered,  That  Mr.  Theller  of  New  Bedford  be  granted  leave  Ralph  L. 
of  absence,  under  Rule  13,  until  Friday  next,  on  account  of  pro-  Theller- 
fessional  engagements. 

Filling  of  Vacancies  in  the  Membership  of  the  Convention. 

Mr.  George  of  Haverhill,  for  the  committees  on  Elections  and 
Rules  and  Procedure,  sitting  jointly,  who  -were  requested  (by  an  tion,  — 
order  offered  by  Mr.  Harriman  of  New  Bedford  and  adopted  on  ofvacancies 
November  1)  to  consider  the  advisability  of  making  provision  for 
filling  vacancies  in  the  membership  of  the  Convention,  reported 
recommending  that  it  is  inadvisable  at  the  present  time  for  the 
Convention   to  take  action  in   this   matter   [Mr.   Dean   of  Fall 
River,    of   the   committee    on    Elections,    and   Messrs.    Luce   of 
Waltham  and  Powers  of  Newton,  of  the  committee  on  Rules 
and  Procedure,  dissenting]. 

The  report  was  read;    and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Additional  Appropriation  from  the  General  Court. 

Mr.  Underhill  of  Somerville,  for  the  committee  on  Rules  and 
Procedure  and  the  committee  on  Contingent  Expenses  and  Pay- 
Roll,  acting  jointly,  who  were  requested  (by  a  motion  of  Mr. 
Sullivan  of  Salem,  amended  and  adopted  on  November  14)  to  General  Court. 
inquire  into  the  matter  of  securing  from  the  General  Court  of 
1918  a  sufficient  appropriation  to  cover  the  deficits  already 
accrued  at  this  session,  and  the  estimated  expenses  of  the  sessions 
of  the  Convention  to  be  held  in  1918,  reported  that  it  is  in- 
advisable at  the  present  time  for  the  Convention  to  take  action 
in  this  matter. 

The  report  was  read;    and  it  was  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Luce  of  Waltham,  that  the  Convention  proposed  ses- 
resolve  itself  into  Committee  of  the  Whole  for  the  purpose  of  committee  of 
considering  the  resolutions  relative  to  the  election  and  term  of  the  Whole, 
office  of  judges,  being  the  unfinished  business  of  the  last  session, 
was  negatived. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive  and  referendum  (Doc.  No.  369)  was  read  a  third  time.  referendum. 


506 


JOURNAL  OF  THE  CONVENTION, 


Committee  on 
Form  and 
Phraseology, 
—  report. 


Mr.  Pillsbury, 
—  amendment. 


Mr.  Walker,  — 
amendments. 


Limit  of 
debate. 


Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and 
Phraseology,  reported  recommending  that  the  resolution  be 
amended  by  the  substitution  of  a  Resolution  to  provide  for  estab- 
lishing the  popular  initiative  and  referendum,  and  of  legislative 
initiative  of  specific  amendments  of  the  Constitution  (printed  in 
Doc.  No.  370,  changed  by  inserting  after  the  word  "amend- 
ments", in  line  4,  the  words  "and  laws"). 

Mr.  Pillsbury  of  Wellesley  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  the  substitution  of  the  following:  "  Resolution 
to  provide  for  establishing  the  popular  initiative  and  referendum. 

"The  legislature  shall  provide  for  the  enactment  and  repeal 
of  statutes  by  the  method  known  as  the  popular  initiative  and 
referendum,  under  such  conditions  and  forms  of  procedure  as  it 
may  prescribe." 

Mr.  Walker  of  Brookline  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  277,  the  words  "five 
per  cent  of  the  ",  and  inserting  in  place  thereof  the  words  "  fifteen 
thousand",  and  by  striking  out,  in  lines  278  and  279,  the  words 
"calculated  upon  the  whole  number  of  votes  cast  for  governor 
at  the  last  preceding  election,". 

The  same  member  moved  that,  on  the  pending  matter, 
speeches  be  limited  to  five  minutes  each;  that  general  debate 
be  closed  at  eleven  o'clock  A.M.  on  Thursday,  November  22; 
and  that  fifteen  minutes  then  be  allowed  to  a  member  of  the 
minority  of  the  committee  on  Initiative  and  Referendum  and 
fifteen  minutes  to  a  member  of  the  majority  of  said  committee. 

After  debate  on  this  motion  the  sense  of  the  Convention  was 
taken  by  yeas  and  nays,  at  the  request  of  Mr.  Walker;  and  on 
the  roll  call  126  members  voted  in  the  affirmative  and  155  in  the 
negative,  as  follows :  — 

YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Smith  J.  < 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 


Messrs.  Carr,  Edward 

Coakley,  Daniel  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald  T 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Foss,  George  H. 
Gallagher,  Daniel  J. 


WEDNESDAY,  NOVEMBER  21,  1917. 


507 


Messrs.  Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  Jofrn  Q.  A. 
Brooks,  George  F. 
Brown,  EJ  Gerry 
Bruce,  Charles 


Messrs.  Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Bryant,  Lincoln 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
.  Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Curtis,  Arthur  B. 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 


Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 


Messrs.  MacMaster,  Edward  A. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Myron,  John  F. 
O'Connell,  Joseph  F. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


126  yeas;  155  nays. 


Mr.  Richard- 
son, — 
amendments. 


Therefore  the  motion  to  limit  debate  was  negatived. 

Mr.  Richardson  of  Newton  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  as  follows:  — 

By  striking  out  lines  28,  29  and  30,  and  inserting  in  place 
thereof  the  following  paragraph:  — 

"  No  part  of  the  constitution  which  provides  for  the  establish- 


WEDNESDAY,  NOVEMBER  21,  1917.  509 

ment   of    a    popular   initiative    and    referendum,    including    this 
sentence,  shall  be  the  subject  of  an  initiative  petition.";  and 

By  adding  after  the  word  "petition",  in  line  30,  the  words 
";  nor  shall  this  section  be  the  subject  of  such  a  petition". 

Mr.  Brown  of  Brockton  moved  that  the  resolution  recommended  Mr-  Brown,  — 
as  a  substitute  by  the  committee   on   Form  and  Phraseology  be  ai 
amended  by  the  substitution  of  the  following:  "  Resolution  to  pro- 
vide for  establishing  the  popular  initiative  and  referendum. 

"The  legislature  shall,  by  statute  law,  at  the  session  following 
the  acceptance  of  this  amendment,  and  thereafter  as  occasion 
may  require,  make  provisions  whereby  the  people  may  exercise 
the  rights  reserved  to  and  by  and  for  the  people  in  the  bill  of 
rights,  especially  articles  V,  VII,  VIII  and  XIX,  including  the 
right  to  initiate  and  control  legislation  as  hereinafter  required, 
and  to  revise,  amend  or  otherwise  alter  the  acts  of  its  servants 
committed  or  to  be  committed  in  the  exercise  of  the  functions 
or  powers  heretofore  delegated  or  that  may  hereafter  be  dele- 
gated by  the  people.  Such  statute  shall  also  make  provision  as 
to  the  number  of  signatures  required,  the  form  and  conditions 
under  which  they  shall  be  obtained  and  presented  for  a  demand 
for  legislative  action  upon  any  proposal  thus  submitted;  and 
provision  by  law  shall  also  be  made  whereby  legislative  acts  may 
be  submitted  for  review  by  the  people  by  direct  action  at  the 
polls,  exercising  their  powers  herein  and  otherwise  reserved." 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

Mr.  O'Connell  of  Boston  doubted  the  presence  of  a  quorum;  Quorum, 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.  Curtis  of  Revere  moved 
that  the  resolution  recommended  as  a  substitute  by  the  com- 
mittee on  Form  and  Phraseology  be  amended  by  striking  out, 
in  line  350,  the  word  "one-fourth",  and  inserting  in  place 
thereof  the  word  "one-eighth". 

Mr.    Lowe   of   Fitchburg   moved   that   the   resolution   recom-  Mr.  Lowe,  — 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  amendment- 
ology  be  amended  by  the  substitution  of    a  resolution  printed 
as  Doc.  No.  372. 

Mr.   George   of   Haverhill   moved  that  the  resolution  recom-  Mr.  George,  — 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  amendments- 
ology  be  amended  by  striking  out,  in  lines  55  and  56,  the  words 
"first    Wednesday    of    the    September",    and   inserting   in   place 
thereof  the  words  "second  Wednesday  of  the  November";    and 
by  striking  out,  in  line  59,  the  word  "first",  and  inserting  in 
place  thereof  the  word  "last". 

After  debate,  Mr.  Swig  of  Taunton    being   in    the  chair,  Mr.  Mr.  Washbum, 
Washburn  of  Middleborough  moved  that  the  resolution  recom-  " 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  as  follows:  — 

By  inserting  in  line  89,  after  the  word  "introduced",  the 
words  "as  herein  provided"; 


510 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Washburn, 
— amendments. 


Mr.  Clapp,  — 
amendment. 


Mr.  O'Connell, 
—  amendments. 


By  striking  out,  in  line  90,  the  words  "or  a  legislative  amend- 
ment"; 

By  striking  out,  in  lines  94  and  95,  the  words  "for  amend- 
ment", and  inserting  in  place  thereof  the  words  "of  a  legislative 
substitute"; 

By  striking  out,  in  line  97,  the  words  "and  continued"; 

By  striking  out,  in  lines  121  and  122,  and  in  line  128,  the 
word  "amendment",  and  inserting  in  place  thereof,  in  each 
instance,  the  word  "substitute"; 

By  striking  out,  in  line  134,  the  words  "the  amendment", 
and  inserting  in  place  thereof  the  words  "such  substitute  or 
amendment"; 

By  striking  out,  in  line  135,  the  word  "amendment",  and 
inserting  in  place  thereof  the  words  "legislative  substitute  or 
initiative  amendment"; 

By  striking  out,  in  lines  136  to  139,  inclusive,  the  words  ",  in 
the  case  of  a  legislative  amendment,  by  a  majority  of  the  voters 
voting  thereon,  or  in  the  case  of  an  initiative  amendment  or  a 
legislative  substitute,  if  approved"; 

By  inserting  in  line  142,  after  the  word  "such",  the  words 
"substitute  or"; 

By  striking  out,  in  line  393,  the  words  "Article  IX  and"; 

By  striking  out,  in  line  394,  the  word  "are",  and  inserting  in 
place  thereof  the  word  "is"; 

By  striking  out,  in  lines  93  and  94,  the  words  "twenty-five 
thousand  qualified  voters",  and  inserting  in  place  thereof  the 
words  "five  per  cent  of  the  qualified  voters,  calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election"; 

By  striking  out,  in  line  146,  the  words  "twenty  thousand 
qualified  voters",  and  inserting  in  place  thereof  the  words  "four 
per  cent  of  the  qualified  voters,  calculated  upon  the  whole  num- 
ber of  votes  cast  for  governor  at  the  last  preceding  election"; 

By  striking  out,  in  lines  155  and  156,  the  words  "five  thousand 
signatures  of  qualified  voters",  and  inserting  in  place  thereof  the 
words  "one  per  cent  of  the  qualified  voters,  calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election"; 

By  striking  out,  in  line  317,  the  words  "ten  thousand  qualified 
voters  of  the  commonwealth",  and  inserting  in  place  thereof  the 
words  "  two  per  cent  of  the  qualified  voters  of  the  commonwealth, 
calculated  upon  the  whole  number  of  votes  cast  for  governor  at 
the  last  preceding  election,"; 

By  inserting,  at  the  beginning  of  line  360,  the  words  "Except 
as  otherwise  herein  provided,";  and 

By  inserting,  at  the  beginning  of  line  366,  the  words  "Except 
as  otherwise  herein  provided,". 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  the  substitution  of  a  resolution  printed  as 
Doc.  No.  371. 

Mr.  O'Connell  of  Boston  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  as  follows  :  — 


WEDNESDAY,  NOVEMBER  21,  1917.  511 


By  striking  out,  in  lines  15  to  18,  inclusive,  the  words  "  or  to 
the  appointment,  qualification,  tenure,  removal,  recall  or  com- 
pensation of  judges;  or  to  the  reversal  of  a  judicial  decision;  or 
to  the  powers,  creation  or  abolition  of  courts;";  and 

By  striking  out,  in  lines  251  to  254,  inclusive,  the  words  "  or 
to  the  appointment,  qualification,  tenure,  removal  or  compensa- 
tion of  judges;  or  to  the  powers,  creation  or  abolition  of  courts,". 

Mr.    Harriman   of   New   Bedford   moved   that   the   resolution  Mr.  Hamman, 
recommended  as  a  substitute  by  the  committee  on  Form  and  ~amen  n 
Phraseology  be  amended  as  follows:  — 

By  striking  out  lines  28,  29  and  30; 

By  striking  out  lines  383  to  388,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph:  — 

"The  veto  power  of  the  governor  shall  not  extend  to  measures 
voted  on  by  the  people  under  the  provisions  of  this  article;  and 
no  constitutional  amendment  or  law  which  is  adopted  by  the 
exercise  of  the  initiative  or  referendum  shall  be  altered,  amended 
or  repealed  except  by  the  exercise  of  the  initiative  and  referen- 
dum in  the  same  manner  as  the  law  or  constitutional  amendment 
in  question  shall  have  been  adopted."; 

By  striking  out,  in  line  393,  the  words  "and  Article  XLII";  and 

By  striking  out,  in  line  394,  the  word  "are",  and  inserting  in 
place  thereof  the  word  "is". 

The  President  having  resumed  the  chair,  Mr.  Edwin  U.  Curtis  Mr.  E.U.  Curtis, 
of  Boston  moved  that  the  resolution  recommended  as  a  substitute  " 
by  the  committee  on  Form  and  Phraseology  be  amended  by  in- 
serting, after  line  30,  the  following  paragraph:  - 

"The  eighteenth  amendment  of  the  constitution,  as  approved 
and  ratified  to  take  effect  the  first  day  of  October  in  the  year 
nineteen  hundred  and  eighteen,  shall  not  be  the  subject  of  an  ini- 
tiative amendment." 

Mr.  Morton  of  Fall  River  moved  that  the  resolution  recom-  Mr.  Morton,— 
mended  as  a  substitute  by  the  committee  on   Form   and  Phrase-  ai 
ology  be  amended  by  adding,  at  the  end  of  line  143,  the  words, 
"  :    provided,  that  nothing  herein  contained  shall  be  deemed  to 
impair  or  to  authorize  the  impairment  of  the  right  of  the  subject 
to  life,  liberty,  security,  property   and  character,  the  liberty  of 
the  press,  and  the  freedom  of  debate  in  each  house  of  the  legis- 
lature, as  declared  in  the  bill  of  rights". 

Mr.  Cummings  of  Fall  River  moved  that  the  resolution  recom-  Mr.  Cummings, 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  ~ame 
ology  be  amended  by  striking  out,  in  line  17,  the  word  "powers,", 
and  inserting  in  place  thereof  the  words  "power  of  the  court  to 
decide  a  law  unconstitutional,  or  to  the". 

Mr.  Lowell  of  Newton  moved  that  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  striking  out,  in  lines  28  and  29,  the  words  "specifi- 
cally excluding  any  matter  from  the  operation",  and  inserting 
in  place  thereof  the  words  "providing  for  the  establishment". 

Mr.    Bartlett    of    Newburyport    moved    that    the    resolution  Mr.  Bartiett,  — 
recommended  as  a  substitute  by  the  committee  on  Form  and  amendment- 
Phraseology  be  amended  by  inserting  after  the  word  "subjects",  in 
line  43,  the  words  "not  excluded  from  the  popular  initiative  and". 


512  JOURNAL   OF   THE   CONVENTION, 


—  amradmeits  -^r'  Churchill  of  Amherst  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  as  follows:  — 

By  inserting,  after  line  27,  the  following  paragraph:  — 

"  No  amendment  of  the  constitution  annulling,  abrogating  or  re- 
pealing any  of  the  provisions  of  the  declaration  of  rights,  or  incon- 
sistent therewith,  shall  be  proposed  by  an  initiative  petition."; 

By  striking  out,  in  line  124,  the  word  "one-fourth",  and 
inserting  in  place  thereof  the  word  "one-third";  and 

By  striking  out,  in  line  317,  the  words  "ten  thousand",  and 
inserting  in  place  thereof  the  words  "five  per  cent  of  the";  and 
by  inserting  after  the  word  "commonwealth",  in  the  same  line, 
the  words  "  ,  calculated  upon  the  whole  number  of  votes  cast  for 
governor  at  the  last  preceding  election,". 

amendment*'  ~~~  ^r<  Merriam  of  Framingham  moved  that  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  inserting,  after  line  30,  the  following 
paragraph:  — 

"No  proposition  inconsistent  with  any  one  of  the  following 
rights  of  the  individual,  as  at  present  declared  in  the  declaration 
of  rights,  shall  be  the  subject  of  an  initiative  or  referendum 
petition:  The  right  to  receive  compensation  for  private  property 
appropriated  to  public  use;  the  right  of  access  to  and  protection 
in  courts  of  justice;  the  right  of  trial  by  jury;  protection  from 
unreasonable  search,  unreasonable  bail  and  the  law  martial; 
freedom  of  the  press;  freedom  of  speech;  freedom  of  elections; 
and  the  right  of  peaceable  assembly." 

^r*  Knotts  of  Somerville  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  as  follows  :  — 

By  inserting,  after  line  59,  the  following  paragraphs  :  — 

"  With  the  exception  of  the  first  ten  signatures,  every  signature 
to  an  initiative  petition  shall  be  affixed  in  the  presence  of  the 
clerk  of  the  city  or  town  in  which  the  signer  is  a  registered  voter, 
or  one  of  his  assistants,  or  in  the  presence  of  such  other  city  or 
town  official  as  may  be  designated  by  law;  except  as  herein  other- 
wise provided. 

"Any  such  voter  may,  by  a  paper  in  his  own  handwriting, 
signed  by  him,  and  attested  by  a  witness,  express  his  desire  to 
become  a  signer  of  such  petition,  and  such  paper,  when  received 
by  such  clerk  or  official,  shall  amount  to  a  signature  to  such 
petition.  Such  clerk  or  official  shall  put  the  name  of  such  voter 
upon  such  petition,  and  shall  transmit  such  paper  with  the  pe- 
tition as  hereinafter  provided. 

"The  petition  or  part  thereof,  with  signatures  thereon,  shall 
remain  in  the  custody  of  such  clerk  or  official  until  the  time  for 
signing,  for  the  purpose  of  causing  the  transmission  of  the 
petition  to  the  general  court  or  the  submission  of  the  measure 
to  the  people,  as  the  case  may  be,  shall  expire;  and  at  such 
expiration  such  clerk  or  official  shall  transmit  it  to  the  secretary 
of  the  commonwealth.";  and 

By  inserting,  after  line  249,  the  following  paragraphs:  - 

"Every  signature  to  a  referendum  petition  shall  be  affixed  in 
the  presence  of  the  clerk  of  the  city  or  town  in  which  the  signer 


WEDNESDAY,  NOVEMBER  21,   1917.  513 

is  a  registered  voter,  or  one  of  his  assistants,  or  in  the  presence 
of  such  other  city  or  town  official  as  may  be  designated  by  law, 
except  as  herein  otherwise  provided. 

"Any  such  voter  may,   by  a  paper  in  his  own  handwriting,  Mr.Knotts,- 
signed  by  him,  and  attested  by  a  witness,  express  his  desire  to  amendments- 
become  a  signer  of  such  petition,  and  such  paper,  when  received 
by  such  clerk  or  official,   shall  amount  to  a  signature  to  such 
petition.     Such  clerk  or  official  shall  put  the  name  of  such  voter 
upon    such    petition,    and    shall    transmit   such    paper    with    the 
petition  as  hereinafter  provided. 

"The  petition  or  part  thereof,  with  signatures  thereon,  shall 
remain  in  the  custody  of  such  clerk  or  official  until  the  time  for 
signing  shall  expire;  and  at  such  expiration  such  clerk  or  official 
shall  transmit  it  to  the  secretary  of  the  commonwealth." 

Mr.  Quincy  of  Boston  moved  that  the  resolution  recommended 
as  a  substitute  by  the  Committee  on  Form  and  Phraseology  be 
amended  as  follows:  — 

By  inserting  in  line  48,  after  the  word  "shall",  the  words 
"give  the  petition  a  number  and  shall"; 

By  striking  out,  in  lines  60,  61  and  62,  the  words  "If  an 
initiative  petition,  signed  by  the  required  number  of  qualified 
voters,  has  been  filed  as  aforesaid",  and  inserting  in  place  thereof 
the  words  "  If  the  required  number  of  signatures  to  an  initiative 
petition  has  been  filed  with  the  secretary  of  the  commonwealth 
as  herein  provided";  and 

By  inserting,  after  line  59,  the  following  paragraphs:  — 

"The  signatures  to  initiative  petitions  hereby  required,  with 
the  exception  of  the  first  ten  signers,  shall  be  made  and  filed 
as  follows:  The  secretary  of  the  commonwealth  shall  print 
individual  signature  cards  upon  which  any  registered  voter 
receiving  the  same  as  herein  provided  may  make  his  signature, 
followed  by  his  address  as  it  appears,  upon  the  voting  list,  in 
favor  of  any  initiative  petition  which  he  desires  to  support. 
Each  such  card  shall  identify  by  number  or  otherwise  the  initia- 
tive petition  for  which  the  signature  is  to  be  given,  shall  bear 
the  seal  of  the  commonwealth  printed  thereon,  or  other  identify- 
ing mark,  and  shall  be  used  only  for  official  transmission  by  mail 
as  herein  provided.  Any  registered  voter  may  sign  one  such 
signature  card  in  favor  of  each  initiative  petition  which  he 
desires  to  support,  but  each  signature  card  shall  only  be  signed 
by  one  voter  and  for  one  petition. 

"The  secretary  of  the  commonwealth  shall  procure  and  keep 
on  file  the  latest  printed  copies  of  the  voting  lists  of  all  cities 
and  towns,  and  he  shall,  at  the  request  of  any  original  signer  of 
an  initiative  petition  duly  filed,  cause  one  of  such  signature  cards 
to  be  mailed  to  any  list  or  lists  of  voters  which  may  from  time 
to  time  be  specified  or  furnished  by  any  such  signer,  provided 
that  all  expenses  connected  with  such  mailing,  other  than  the 
expense  of  printing  such  signature  cards,  shall  be  deposited  in 
advance.  A  copy  of  the  full  text  of  such  initiative  measure  shall 
be  printed  by  the  secretary  of  the  commonwealth  and  enclosed 
with  each  signature  card,  together  with  ariy  printed  argument  in 
support  of  the  same,  and  any  addressed  return  envelopes  which 


514  JOURNAL  OF  THE  CONVENTION, 

may  be  furnished  him  for  mailing  therewith.  Provision  may  be 
made  by  law  to  regulate  the  length  of  any  such  argument  and 
for  allowing  opponents  of  such  initiative  measure  an  opportunity 
by  depositing  one-half  of  the  expense  of  mailing  as  aforesaid,  to 
have  printed  arguments  in  opposition  to  such  measure  enclosed 
with  such  signature  cards.  Instead  of  mailing  such  cards  the 
secretary  of  the  commonwealth  shall,  at  the  request  of  any  such 
original  signer,  furnish  and  send  to  any  clerk  of  a  city  or  town  a 
sufficient  number  of  signature  cards  for  the  registered  voters  of 
such  city  or  town,  and  such  clerk  shall  thereupon  have  the  same 
duty  in  respect  to  the  mailing  of  such  signature  cards  and  other 
printed  matter  as  herein  provided  in  respect  to  said  secretary. 

"  ^s  an  additional  method  of  giving  his  signature  and  support 
to  any  initiative  petition,  any  registered  voter  may  express  in 
his  own  handwriting  upon  an  individual  paper  or  printed  card 
signed  by  him,  and  witnessed,  with  his  address  as  aforesaid,  his 
desire  to  sign  in  favor  of  any  one  initiative  petition  designated 
therein  by  number  or  other  sufficient  description,  and  such  paper 
or  card  when  received  by  the  clerk  of  the  city  or  town  in  which 
such  voter  is  registered  as  a  voter  shall  constitute  a  signature 
to  such  petition;  and  any  such  voter  may  sign  one  such  in- 
dividual paper  or  card  in  favor  of  each  initiative  petition  which 
he  desires  to  support. 

"In  addition  to  the  two  methods  of  signing  initiative  petitions 
above  provided,  any  registered  voter  may  give  his  signature 
therefor  in  the  presence  of  the  clerk  of  the  city  or  town  in  which 
he  is  a  registered  voter,  or  of  any  assistant  in  his  office,  and  the 
secretary  of  the  commonwealth  shall  furnish  to  every  city  or 
town  clerk  an  official  blank  for  such  signatures. 

"Any  such  official  signature  card  or  unofficial  paper  or  card 
when  executed  as  herein  provided  may  be  delivered  by  mail  or 
otherwise  either  to  the  secretary  of  the  commonwealth  or  to  the 
clerk  of  the  city  or  town  *in  which  the  signer  of  the  same  is  a 
registered  voter,  and  when  so  received  shall  be  open  for  public 
inspection.  If  the  name  and  residence  signed  to  any  such  card 
or  paper  corresponds  to  the  name  and  residence  of  a  registered 
voter,  and  if  such  card  or  paper  appears  to  be  executed  as 
herein  required,  the  same  shall  be  placed  on  file,  otherwise  it 
shall  be  rejected.  If  the  officer  with  whom  such  card  or  paper 
is  filed  believes,  from  evidence  offered  to  him,  that  there  is  sub- 
stantial reason  to  doubt  the  genuineness  of  the  signature  to  any 
such  card  or  paper,  he  may  reject  the  same  unless  satisfactory 
evidence  to  establish  such  genuineness  is  furnished.  The  name 
of  each  signer  of  any  such  card  or  paper  or  blank  shall  be  checked 
on  the  voting  list  so  that  the  same  voter  shall  not  be  counted 
more  than  once  in  support  of  any  one  petition. 

"On  the  first  Wednesday  of  December  each  city  or  town  clerk 
with  whom  any  such  official  signature  cards  or  any  such  un- 
official papers  or  cards  have  been  filed,  or  who  has  in  his  office 
any  of  the  petition  blanks  furnished  as  aforesaid  with  signatures 
of  voters  thereon,  shall  transmit  all  of  the  same  to  the  secretary 
of  the  commonwealth,- who  shall  proceed  to  examine  the  same 
and  count  all  signatures  which  appear  to  be  in  conformity 
herewith,  and  if  the  number  of  such  signatures  to  any  petition, 


WEDNESDAY,  NOVEMBER  21,  1917.  515 

together  with  the  number  of  signatures  thereto  filed  directly 
with  the  secretary  of  the  commonwealth,  equals  the  number  of 
signatures  required  to  complete  such  petition  as  herein  provided, 
then  such  petition  shall  be  transmitted  to  the  general  court  as 
hereinafter  provided. 

"Until  otherwise  provided   by  law  all   provisions   of  existing  Mr.  Quincy,— 
law    relating    to    the    signatures    to    nomination    papers   for    the  an:e 
nomination  of  candidates  for  state  officers  shall  apply  so  far  as 
applicable  to  the  forgery  of  signatures  to  the  official  signature 
cards  and  to  the  unofficial  papers  or  cards  herein  referred  to." 

Mr.  Lummus  of  Lynn  moved  that  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  as  follows:  — 

By  adding  after  the  word  "petition",  in  line  30,  the  words 
"  ;  nor  shall  this  provision  be  the  subject  of  an  initiative  peti- 
tion"; and 

By  striking  out,  in  line  93,  the  word  "twenty-five",  and  insert- 
ing in  place  thereof  the  word  "forty". 

Mr.    Morrill   of   Haverhill   moved  that   the  resolution  recom-  Mr.  Momii,  — 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  amendment3- 
ology  be  amended  as  follows:  — 

By  striking  out,  in  line  277,  the  words  "five  per  cent",  and 
inserting  in  place  thereof  the  words  "twelve  thousand"; 

By  striking  out,  in  lines  278  and  279,  the  words  "calculated 
upon  the  whole  number  of  votes  cast  for  governor  at  the  last 
preceding  election,"; 

By  striking  out  lines  350,  351  and  352,  and  inserting  in  place 
thereof  the  following  paragraph:  - 

"Not  more  than  fifty  per  cent  of  the  certified  signatures  on 
any  petition  shall  be  those  of  registered  voters  of  the  city  of 
Boston  or  of  any  one  county."; 

By  striking  out  lines  385  to  388,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph:  — 

"The  general  court  may  amend  or  repeal  a  law  approved  by 
the  voters:  provided,  that  such  amendment  or  repeal  shall  be 
submitted  by  the  secretary  of  the  commonwealth  to  the  voters 
and  shall  not  go  into  effect  until  and  unless  approved  by  a 
majority  of  the  voters  voting  thereon.";  and 

By  the  substitution  of  a  resolution  printed  as  Doc.  No.  352. 

Mr.    Brown   of   Brockton   moved   that   the   resolution   recom-  Mr.  Brown,  — 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  amendment- 
ology  be  amended  by  inserting  after  the  word  "house",  in  line 
99,  the  words  ",  or    if    neither    house  shall  call  for  such    joint 
session". 

Mr.  Bates  of  Boston  moved  that  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  inserting,  after  line  85,  the  following  paragraph:  - 

"If,  of  the  measures  introduced  into  the  general  court  by 
initiative  petition  in  any  one  year,  more  than  five  fail  of  enact- 
ment by  the  general  court,  and  the  petitions  relating  to  more 
than  five  are  duly  completed,  the  five  on  the  petitions  accom- 
panying which  appear  the  largest  number  of  signatures  of  regis- 
tered voters,  and  no  more,  shall  be  submitted  to  the  people  at 


516 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Luce,  — 
amendment. 


Mr.  Adams,  — 
amendments. 


Mr.  Ross,  — 
amendment. 


Mr.  W.  H. 
Sullivan,  — 
amendments. 


Mr.  Bosworth, 
—  amendments, 


Mr.  Quincy,  — 
amendments. 


the  next  state  election.  The  measures  not  so  submitted  shall 
be  deemed  to  be  introduced  into  the  next  session  of  the  general 
court  and  pending  in  the  house  of  representatives." 

Mr.  Luce  of  Waltham  moved  that  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  inserting,  after  line  12,  the' following  paragraph:  — 

"The  measure  may  delegate  to  an  agency  of  government 
existing  or  to  be  created,  as  may  therein  be  specified,  the  power 
of  making  provisions  to  effect  the  purpose  of  such  measure;  and, 
before  certifying  that  such  law  is  in  proper  form  for  submission 
to  the  people,  the  attorney-general  may  require  that  the  power 
of  making  such  provisions  shall  be  so  delegated  therein." 

Mr.  Adams  of  Springfield  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  4  (as  changed)  the 
words  "constitutional  amendments  and";  and  by  striking  out 
all  of  the  resolution  after  the  word  "rejection",  in  line  8,  and 
inserting  in  place  thereof  the  following  paragraph:  — 

"The  initiative  and  referendum  shall  be  exercised  as  the  gen- 
eral court  may  determine." 

Mr.  Ross  of  New  Bedford  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out  lines  333  to  349,  inclusive,  and 
inserting  in  place  thereof  the  following  paragraph:  - 

"In  carrying  out  the  provisions  of  this  article  the  secretary 
of  the  commonwealth  and  all  other  public  officers  shall  be  guided, 
where  other  provision  is  not  specified  herein,  by  the  laws  relating 
to  elections,  in  so  far  as  applicable,  and  any  initiative  or  referen- 
dum petition  coming  within  the  provisions  hereof  shall  be  signed 
and  certified  as  to  signatures  in  the  manner  provided  by  law 
relative  to  nomination  papers  of  candidates  for  the  general  court. 
And  the  penalties  for  forgery  or  fraud  provided  in  the  laws 
relative  to  elections  shall  apply  with  equal  force  to  initiative  or 
referendum  petitions  herein  specified." 

Mr.  William  H.  Sullivan  of  Boston  moved  that  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  striking  out,  in  lines  17  and  253, 
the  word  "powers,". 

Mr.  Bosworth  of  Springfield  moved  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  lines  140,  162,  295  and  331, 
the  word  "thirty",  and  inserting  in  place  thereof,  in  each  in- 
stance, the  word  "forty-five". 

Mr.  Quincy  of  Boston  moved  that  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  as  follows:  — 

By  striking  out,  in  line  112,  113  and  114,  the  words  "in  any 
manner  not  inconsistent  with  its  general  purpose  by  vote  of 
three-fourths  of  the  members  voting  thereon  in  joint  session", 
and  inserting  in  place  thereof  the  words  "by  vote  of  three- 
fourths  of  the  members  voting  thereon  in  joint  session,  which  shall 
be  taken  by  yeas  and  nays  unless  dispensed  with  by  unanimous 
consent";  and 


WEDNESDAY,  NOVEMBER  21,   1917.  517 

By  striking  out  lines  168  to   192,  inclusive,  and  inserting  in  Mr.  Quincy,— 
place  thereof  the  following  paragraph:- 

"The  general  court  may,  upon  petition  signed  by  a  majority 
of  the  first  ten  signers  of  an  initiative  petition  for  a  law,  make 
any  amendment  or  amendments  therein  by  vote  taken  by  the 
yeas  and  nays,  which  are  specifically  asked  for  in  such  petition, 
and  such  proposed  law  shall  then  be  voted  upon  by  the  general 
court,  and  submitted  to  the  people,  if  qualified  for  submission  as 
herein  provided,  in  such  amended  form." 

Mr.  Lyman  of  Easthampton  moved  that  the  resolution  recom-  Mr.  Lyman,  — 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  amendments, 
ology  be  amended  by  striking  out,  in  line  365,  and  in  lines  369 
and  370,  the  word  "approved",  and  inserting  in  place  thereof, 
in  each  instance,  the  word  "rejected". 

Mr.  Sawyer  of  Ware  moved  that  the  resolution  recommended  Mr.  Sawyer,  — 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be  amendments- 
amended  as  follows:  — 

By  striking  out,  in  line  13,  the  word  "measure",  and  insert- 
ing in  place  thereof  the  word  "law"; 

By  striking  out  lines  28,  29  and  30,  and  inserting  in  place 
thereof  the  following  paragraph:  — 

"An  initiative  petition  to  repeal,  alter  or  amend  any  of  the 
specific  exemptions  from  the  operation  of  the  constitutional 
initiative  in  the  foregoing  paragraph,  shall  not  be  deemed  re- 
ferred to  the  next  general  court  unless  it  shall  be  agreed  to  by 
a  majority  of  those  present  and  voting  in  joint  session,  nor  shall 
it  be  deemed  referred  to  the  people  by  a  second  general  court 
unless  it  be  agreed  to  by  a  majority  of  those  present  and  voting 
in  joint  session.  Nor  shall  anything  in  the  foregoing  sentence 
be  the  subject  of  an  initiative  petition.";  and 

By  striking  out,  in  line  155,  the  word  "August",  and  inserting 
in  place  thereof  the  word  "  September  ". 

Mr.   Sullivan  of  Lawrence  moved  that  the  resolution  recom-  Mr.  M.  A. 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase-  fmradment. 
ology  be  amended  by  striking  out,  in  lines  94  to  99,  inclusive, 
the  words  "  or  if  in  case  of  a  proposal  for  amendment  introduced 
into  the  general  court  without  such  initiative  petition,  authority 
for  which  mode  of  introduction  is  hereby  specifically  confirmed 
and  continued,  consideration  thereof  in  joint  session  is  called  for 
by  vote  of  either  house",  and  inserting  in  place  thereof  the  words 
"or  if  such  a  proposal  is  introduced  into  the  general  court  by  a 
member  thereof". 

At    eight    minutes    after    four    o'clock    Mr.    Sawyer    of    Ware  Limit  of 
moved   that  general  debate  be  closed  at  twenty-six  minutes   after  debate- 

ur  o'clock,  and  the  vote   be  taken  upon  the  amendments  in 

e  order  in  which  they  affect  the  resolution;   provided,   however, 

at  no  vote  on  any  amendment  be  taken  until  the  mover  thereof 
given  five  minutes  for  discussion  and  a  member  of  the  ma- 

rity  and  a  member  of  the  minority  of  the  committee  on  Initia- 

ve  and  Referendum  each  be  given  the  same  length  of  time. 

Mr.  Hale  of  Boston  moved  that  this  motion  be  amended  by  Mr.  Hale,— 

I  ding  at  the  end  thereof  the  words  ";  and  that  the  Convention  Amendment, 
during  the  following  hours,  namely:    On  Thursday,  Novem- 


518 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Morrill,  — 
amendment. 


Mr.  Kinney,  - 
amendments. 


Order  of 
amendments. 


Quorum. 


Adjournment. 


ber  22,  from  10.30  A.M.  to  5  P.M.;  on  Friday,  November  23, 
from  10.30  A.M.  to  4  P.M.;  on  Monday,  November  26,  from  1 
P.M:  to  5  P.M.;  on  Tuesday,  November  27,  and  Wednesday, 
November  28,  from  10.30  A.M.  to  5  P.M.;  and  that  on  each  of 
these  days,  except  Monday,  there  shall  be  a  recess  from  1  P.M. 
to  2  P.M." 

After  debate  Mr.  Chandler  of  Somerville  moved  that  the  Con- 
vention adjourn;  and  this  motion  was  negatived. 

Mr.  Morrill  of  Haverhill  moved  that  the  motion  of  Mr. 
Sawyer  be  amended  by  inserting  after  the  word  "discussion"  the 
words  ",  except  that  the  mover  of  a  substitute  bill  be  allowed 
one-half  hour  in  which  to  debate  on  said  substitute,". 

Mr.  Kinney  of  Boston  moved  that  the  motion  of  Mr.  Sawyer 
be  amended  by  striking  out  the  word  "general";  and  by  insert- 
ing after  the  word  "discussion"  the  words  ",  and  ten  minutes 
be  allowed  for  general  debate  on  each  amendment,". 

After  further  debate  the  amendment  moved  by  Mr.  Morrill 
was  rejected;  the  amendments  moved  by  Mr.  Kinney  were  re- 
jected, by  a  vote  of  49  to  99;  and  the  amendment  moved  by 
Mr.  Hale  was  adopted,  by  a  vote  of  96  to  62. 

The  motion  of  Mr.  Sawyer,  as  amended,  was  then  adopted,  by 
a  vote  of  85  to  68. 

Mr.  Thompson  of  Haverhill  moved  that  motions  to  amend  the 
pending  resolution  by  the  substitution  of  new  resolutions  be 
acted  upon  before  particular  amendments. 

After  debate  on  this  motion  the  question  was  put,  and  58 
members  voted  in  the  affirmative  and  90  in  the  negative. 

Mr.  Moore  of  Swampscott  raised  the  point  of  order  that  a 
quorum  was  not  present.  A  count  of  the  Convention  showed 
that  158  members  were  present. 

Mr.  Chandler  of  Somerville  moved  that  the  Convention  ad- 
journ; and  this  motion  prevailed. 

Accordingly,  at  five  o'clock,  the  Convention  adjourned,,  to 
meet  to-morrow  at  half-past  ten  o'clock  A.M. 


THURSDAY,  NOVEMBER  22,  1917.  519 


THURSDAY,  November  22,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

The  Secretary  announced  the  temporary  absence  of  the 
President,  and  stated  that  Mr.  Luce  of  Waltham  had  been 
appointed  to  perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Special  Committee  to  Consider  Economic,  Industrial  and  Military 

Problems. 

The  consideration  of  the  following  order,  offered  by  Mr.  Special  recess 
Adams  of  Quincy,  was  postponed  until  the  next  session,  at  the  SSSSiJf6  01 
request  of  that  member:  —  andUSmtLy 

Ordered,  That  this  Convention  appoint  its  President  to  serve  problems. 
during  the  approaching  recess  as  chairman  of  a  committee  whose 
duty  it  shall  be  to  consider,  and  to  report  upon  to  this  Con- 
vention when  it  shall  reconvene,  those  economic,  industrial  and 
military  problems  which  are  being  evolved  here  and  elsewhere 
by  the  present  war,  and  problems  which,  in  their  judgment, 
directly  concern  the  future  development  of  this  country  and 
this  .Commonwealth;  and  be  it  further 

Ordered,  That  the  chairman  thereof  shall  appoint  the  other 
members  of  said  committee,  who  shall  not  exceed  fifteen  in 
number,  and  who  shall  serve  without  pay. 

Proposed  Adjournment  from  November  23  to  December  4- 

The    consideration    of    the    following    order,    offered    by    Mr.  Adjournment 
Feiker  of  Northampton,  was  postponed  until  the  next  session,  £"23^0^ 
at  the  request  of  that  member: —  December 4. 

Ordered,  That,  when  the  Convention  adjourns  on  Friday, 
November  23,  it  adjourn  to  meet  on  Tuesday,  December  4,  at 
one  o'clock  P.M.;  and  that,  if  the  Convention  is  in  session  at  one 
o'clock  P.M.  on  said  November  23,  the  President  shall  declare  an 
adjournment. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive  and  referendum  (Doc.  No.  369),  being  the  unfinished  busi-  referendum- 
ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  passing  it  to  be  engrossed. 

The   pending   motion    of    Mr.    Thompson   of   Haverhill,    that  Order  of 
motions  to  amend  by  the  substitution  of  new  resolutions  be  acted  ame 
upon   before    particular   amendments,    was   withdrawn   by   that 
member,  there  being  no  objection. 


520 


JOUKNAL  OF  THE  CONVENTION, 


Mr.  Adams,  — 
amendments. 


Point  of 
order. 


Quorum. 


Mr.  Adams,  — 
amendments. 


The  question  first  came  on  the  following  pending  amendments, 
moved  by  Mr.  Adams  of  Springfield:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee 'on  Form  and  Phrase- 
ology (printed  in  Doc.  No.  370)  be  amended  by  striking  out,  in 
line  4  (as  changed),  the  words  "constitutional  amendments  and"; 
and  by  striking  out  all  of  the  resolution  after  the  word  "rejec- 
tion", in  line  8,  and  inserting  in  place^  thereof  the  following 
paragraph:  - 

"The  initiative  and  referendum  shall  be  exercised  as  the 
general  court  may  determine." 

Mr.  Adams  moved  that  the  second  amendment  be  amended  by 
adding  at  the  end  thereof  the  following  additional  paragraphs:  — 

"  If  at  any  time  hereafter  any  specific  and  particular  amendment 
or  amendments  to  the  constitution  be  proposed  in  the  general  court 
and  agreed  to  by  a  majority  of  the  senators  and  representatives, 
such  proposed  amendment  or  amendments  shall  be  entered  on  the 
journals  of  the  two  houses,  with  the  yeas  and  nays  taken  thereon, 
and  shall  be  published;  then  it  shall  be  the  duty  of  the  general 
court  to  submit  such  proposed  amendment  or  amendments  to 
the  people;  and  if  they  shall  be  approved  and  ratified  by  a  ma- 
jority of  the  qualified  voters  voting  at  meetings  legally  warned 
and  holden  for  that  purpose,  they  shall  become  part  of  the 
constitution  of  this  commonwealth. 

"The  ninth  article  of  amendment  to  the  constitution  is  hereby 
repealed." 

Mr.  Walker  of  Brookline  raised  the  point  of  order  that,  debate 
having  been  closed  by  vote  of  the  Convention,  the  additional 
amendment  could  not  properly  be  entertained.  The  Chair  (Mr. 
Luce  of  Waltham)  declared  the  point  of  order  not  well  taken. 

After  debate  Mr.  Pillsbury  of  Wellesley  moved  that  Mr. 
Adams  be  granted  an  additional  five  minutes  for  debate;  and 
this  motion  was  adopted,  by  a  vote  of  79  to  66. 

Mr.  Batchelder  of  Salem  asked  for  a  count  of  the  Convention 
to  ascertain  if  a  quorum  was  present.  A  count  showed  that 
181  members  were  present. 

After  debate  the  amendment  of  the  amendment,  moved  by 
Mr.  Adams,  was  adopted,  by  a  vote  of  108  to  101. 

The  question  then  came  on  the  adoption  of  the  amendments 
moved  by  Mr.  Adams,  as  amended,  and  114  members  voted  in 
the  affirmative  and  112  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
125  members  voted  in  the  affirmative  and  153  in  the  negative, 
as  follows:  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 


Messrs.  Bartlett,  Horace  I. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 


THURSDAY,  NOVEMBER  22,   1917. 


521 


Messrs.  Bracket!,  John  Q.  A. 
Brooks,  George  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
HaJe,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 


Messrs.  Kelley,  George  W. 

Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Linke,  Fred  R. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
"  Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
'Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 


Messrs.  Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 


522 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 


Messrs.  Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'ConneU,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Trefry,  William  D.  T. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 


THURSDAY,  NOVEMBER  22,   1917.  523 

Messrs.  Whipple,  Sherman  L.  Messrs.  Winslow,  Guy  M. 

Whitehead,  James  Wonson,  Carlton  W. 

Willett,  George  Franklin 

125  yeas;  153  nays. 

Therefore  the  amendments,  as  amended,  were  rejected. 

Mr.  Walker  of  Brookline  moved  that  additional  amendments  Order  of 
be   not   entertained   after   the   time   allotted   for   debate   to   the  pr° 
mover  of  an  amendment  has  expired. 

Mr.  Pillsburyof  Wellesley  moved  that  this  motion  be  amended 
by  the  substitution  of  the  following:  "That  the  motion  adopted 
yesterday,  closing  general  debate  and  limiting  speeches  to  five 
minutes,  be  rescinded/' 

After  debate  the  amendment  moved  by  Mr.  Pillsbury  was 
rejected;  and  the  motion  of  Mr.  Walker  was  adopted. 

The    President    having    taken    the    chair,   the  question    then  Mr.  Luce,  — 
came  on  the  following  pending  amendment,  moved  by  Mr.  Luce  ai 
of  Waltham:  That   the   resolution  recommended  as  a  substitute 
by   the   committee  on  Form   and   Phraseology  be   amended   by 
inserting,  after  line  12,  the  following  paragraph  :- 

"The  measure  may  delegate  to  an  agency  of  government 
existing  or  to  be  created,  as  may  therein  be  specified,  the  power 
of  making  provisions  to  effect  the  purpose  of  such  measure; 
and,  before  certifying  that  such  law  is  in  proper  form  for  sub- 
mission to  the  people,  the  attorney-general  may  require  that  the 
power  of  making  such  provisions  shall  be  so  delegated  therein. " 

After  debate  the  amendment  was  rejected,  by  a  vote  of 
94  to  106. 

The  following  pending  amendment,  moved  by  Mr.  Sawyer  of  Mr-  Sawyer,  — 

TTT  •  i       mi  i     /•  111       amendment. 

Ware,  was  rejected:  That  the  resolution  recommended  as  a  sub- 
stitute by  the  committee  on  Form  and  Phraseology  be  amended 
by  striking  out,  in  line  13,  the  word  "measure",  and  inserting 
in  place  thereof  the  word  "law". 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Cummings, 
moved  by  Mr.  Cummings  of   Fall   River:    That   the   resolution  " 
recommended  as   a  substitute  by  the  committee   on  Form  and 
Phraseology  be  amended   by  striking  out,  in  line  17,  the  word 
"powers,",    and  inserting  in  place  thereof  the  words  "power  of 
the  court  to  decide  a  law  unconstitutional,  or  to  the". 

After  debate  the  question  was  put  on  the  adoption  of  the 
amendment,  and  87  members  voted  in  the  affirmative  and  126 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Cummings;  and  123  members  voted  in 
the  affirmative  and  155  in  the  negative,  as  follows:  — 

YEAS. 

Messrs.  Adams,  Brooks  Messrs.  Batchelder,  Albert  W. 
Adams,  Smith  J.  Bauer,  Ralph  S. 

Aylward,  James  F.  Begley,  John  S. 

Barrett,  James  T.  Bergengren,  Roy  F. 


524 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  Bigney,  Robert  E. 

Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
BuUock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Dor  an,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P*. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
,          Leonard,  Joseph  J. 

Lomasney,  Martin  M. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 


Messrs.  Lynch,  John  C. 

Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A, 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 


THURSDAY,  NOVEMBER  22,  1917. 


525 


Messrs.  Bassett,  Edmund 
Bates,  Sanford 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 
Brooks,  George  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  Ja.mes  H. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R.      > 


Messrs.  Hall,  Elisha  S. 

Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Myron,  John  F. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
PiUsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 


526 


JOUENAL  OF  THE  CONVENTION, 


Mr.  W.  H. 

Sullivan,  — 
amendments. 


Recess. 


Quorum. 


Mr.  Churchill, 
—  amendment. 


Messrs.  Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


Messrs.  Whittier,  Eugene  P. 

Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


123  yeas;  155  nays. 

Therefore  the  amendment  was  rejected. 

The  question  next  came  on  the  following  pending  amendments, 
moved  by  Mr.  William  H.  Sullivan  of  Boston:  That  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  striking  out,  in  lines  17  and  253,  the 
word  "powers/5. 

After  debate  these  amendments  were  rejected,  by  a  vote  of 
69  to  114. 

Mr.  Lane  of  Boston  then  moved  that  the  Convention  take  a 
recess  until  two  o'clock;  and  this  motion  prevailed. 

Accordingly,  at  five  minutes  before  one  o'clock,  recess  was 
taken  until  two  o'clock;  at  which  hour  the  Convention  reas- 
sembled. 

Mr.  Harriman  of  New  Bedford  doubted  the  presence  of  a 
quorum;  and  the  President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  question  came  on  the 
following  pending  amendment,  moved  by  Mr.  Churchill  of  Amherst: 
That  the  resolution  recommended  as  a  substitute  by  the  committee 
on  Form  and  Phraseology  be  amended  by  inserting,  after  line  27, 
the  following  paragraph:  — 

"  No  amendment  of  the  constitution  annulling,  abrogating  or 
repealing  any  of  the  provisions  of  the  declaration  of  rights,  or 
inconsistent  therewith,  shall  be  proposed  by  an  initiative  peti- 
tion." 

After  debate  the  question  was  put  on  the  adoption  of  this 
amendment,  and  113  members  voted  in  the  affirmative  and  106 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
129  members  voted  in  the  affirmative  and  150  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bicknell,  WaUace  H. 
Blackmur,  Paul  R. 


Messrs.  Bolster,  Percy  G. 

Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr 
Churchill,  George  B. 


THURSDAY,  NOVEMBER  22,  1917. 


527 


Messrs.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes-W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood',  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  £. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 


Messrs.  Logan,  James 

Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 

NAYS. 

Messrs.  Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J.. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 


528 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 


Messrs.  Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan.  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


129  yeas;  150  nays. 
Therefore  the  amendment  was  rejected. 


THURSDAY,  NOVEMBER  22,  1917.  529 

Mr.  Lowell  of  Newton  then  withdrew  the  pending  amendment  Mr-  Lowell,  — 

•  «       i  «  i  i  i  •       ,  •  amendment. 

moved  by  mm,  there  being  no  objection. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Edwin  U.  Curtis  of  Boston:  That  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  inserting,  after  line  30,  the  following 
paragraph :  - 

"The  eighteenth  amendment  of  the  constitution,  as  approved 
and  ratified  to  take  effect  the  first  day  of  October  in  the  year 
nineteen  hundred  and  eighteen,  shall  not  be  the  subject  of  an 
initiative  amendment." 

Mr.    French    of    Randolph    moved    that   the    amendment    be  Mr.  French, 
amended  by  striking  out  the  paragraph  proposed  to  be  inserted,  al 
and  inserting  in  place  thereof  the  following:  — 

"Neither  the  eighteenth  amendment  of  the  constitution,  as 
approved  and  ratified  to  take  effect  on  the  first  day  of  October 
in  the  year  nineteen  hundred  and  eighteen,  nor  this  provision 
for  its  protection,  shall  be  the  subject  of  an  initiative  amend- 
ment." 

After  debate  Mr.  Curtis  accepted  this  amendment  as  a  part 
of  his  amendment,  there  being  no  objection. 

The  question  was  then  put  on  the  adoption  of  the  amendment 
moved  by  Mr.  Curtis,  as  thus  modified,  and  129  members  voted 
in  the  affirmative  and  74  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;  and  on  the 
roll  call  175  members  voted  in  the  affirmative  and  106  in  the 
negative,  as  follows :  — 

YEAS. 

Messrs.  Adams,  Charles  Francis  Messrs.  Burns,  William  A. 

Adams,  Scott  Butler,  A.  Webster 

Adams,  Smith  J.  Buttrick,  Allan  G. 

Anderson,  Frederick  L.  Callahan,  Timothy  F. 

Bailey,  Charles  O.  Carr,  Edward 

Balch,  Francis  N.  Chandler,  Leonard  B. 

Ballantyne,  John  Chase,  Mial  W. 

Bangs,  Francis  R.  Choate,  Charles  F.,  Jr. 

Barker,  Warren  S.  Churchill,  George  B. 

Barnes,  Clarence  A.  Clapp,  Robert  P. 

Barnes,  George  L.  Clark,  Chester  W. 

Barrett,  James  T.  Clark,  Ezra  W. 

Bartlett,  Horace  I.  Coe,  S.  Hamilton 

Bassett,  Edmund  Collier,  David  R. 

Batchelder,  Albert  W.  Collins,  Samuel  I. 

Bates,  Sanford  Coogan,  Clement  F. 

Begley,  John  S.  Cook,  Benjamin  A. 

Bergengren,  Roy  F.  Coughlan,  William  J. 

Besse,  Harold  A.  Cox,  Guy  W. 

Bicknell,  Wallace  H.  Crafts,  Lyman  A. 

Bodfish,  John  D.  W.  Crossley,  William  Cyril 

Bouve",  Walter  L.  Curtis,  Arthur  B. 

Boyer,  Elmer  E.  Curtis,  Edwin  U. 

Brackett,  John  Q.  A.  Dale,  George  H. 

Brennan,  James  H.  Daley,  Peter 

Brennan,  James  J.  Davis,  Elbridge  G. 

Broderick,  Patrick  S.  Davis,  William  R. 

Brooks,  George  F.  Delaney,  Louis  F. 

I          Buck,  Maurice  A.  Delano,  Robert  T. 

Bullock,  William  J.  Dellinger,  Raymond  P. 


530 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Derbyshire,  James  H. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Flaherty,  William 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaytord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kerr,  Alexander 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mclsaac,  Daniel  V. 
McLaud,  Abner  S. 
Merriam,  John  M. 


Messrs.  Adams,  Brooks 

Avery,  Nathan  P. 
Aylward,  James  F. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 


Messrs.  Merrill,  George  Frye 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
Parker,  Herbert 
Parkman,  Henry 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Walker,  George 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Willett,  George  Franklin 
Wing,  Herbert . 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NAYS. 

Messrs.  Bolster,  Percy  G. 

Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Brown,  E.  Gerry 


THURSDAY,  NOVEMBER  22,  1917. 


531 


Messrs.  Burrell,  Fred  J. 

Codman,  James  M.,  Jr. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Cummings,  John  W. 
Cusick,  John  F. 
Daly,  John  W. 
Dean,  Robert  A. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Fitz-Randolph,  Reginald  T. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Foss,  George  H. 
George,  Samuel  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Kneil,  Arthur  S. 
Linke,  Fred  R. 
Love,  Joseph  A . 
Lummus,  Henry  T. 


Messrs.  Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Tilton,  Rufus  H. 
Twomey,  John  C. 
Underhill,  Charles  L. 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Charles  G. 
Whipple,  Sherman  L. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 


175  yeas;  106  nays. 


Therefore  the  amendment  was  adopted. 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Richard- 
moved  by  Mr.  Richardson  of  Newton:  That  the  resolution  rec- 
ommended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  adding  after  the  word  "petition",  in  line 
30,  the  words  "  ;  nor  shall  this  section  be  the  subject  of  such  a 
petition". 

After  debate  the  question  was  put,  and  108  members  voted  in 
the  affirmative  and  81  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
142  members  voted  in  the  affirmative  and  139  in  the  negative, 
as  follows:  — 


532 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Besse,  Harold  A. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve1,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 


YEAS. 

Messrs.  Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchmgs,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam^  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 


THURSDAY,  NOVEMBER  22,  1917. 


533 


Messrs.  Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 


Messrs.  Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 


534 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Merriam, 
—  amendment. 


Mr.  Lummus, 
—  amendment. 


Point  of 
order. 


Mr.  Richard- 
son,— 
amendment. 


Messrs.  Ray,  'Herbert  L. 

Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 


Messrs.  Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


142  yeas;  139  nays. 

Therefore  the  amendment  was  adopted. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Merriam  of  Framingham:  That  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  inserting,  after  line  30,  the  following 
paragraph:  — 

"No  proposition  inconsistent  with  any  one  of  the  following 
rights  of  the  individual,  as  at  present  declared  in  the  decla- 
ration of  rights,  shall  be  the  subject  of  an  initiative  or  refer- 
endum petition:  The  right  to  receive  compensation  for  pri- 
vate property  appropriated  to  public  use;  the  right  of  access 
to  and  protection  in  courts  of  justice;  the  right  of  trial  by  jury; 
protection  from  unreasonable  search,  unreasonable  bail  and  the 
law  martial;  freedom  of  the  press;  freedom  of  speech;  freedom 
of  elections;  and  the  right  of  peaceable  assembly." 

After  debate  this  amendment  was  adopted,  by  a  vote  of  107  to  66. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Lummus  of  Lynn:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phraseol- 
ogy be  amended  by  adding  after  the  word  "petition",  in  line 
30,  the  words  "  ;  nor  shall  this  provision  be  the  subject  of  an 
initiative  petition". 

Mr.  Richardson  of  Newton  raised  the  point  of  order  that  the 
amendment  was  not  properly  before  the  Convention,  being  essen- 
tially the  same  as  an  amendment  previously  adopted. 

The  President  declared  the  point  of  order  well  taken. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Richardson  of  Newton:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phraseology 
be  amended  by  striking  out  lines  28,  29  and  30  (as  amended), 
and  inserting  in  place  thereof  the  following. paragraph:  — 

"No  part  of  the  constitution  which  provides  for  the  estab- 
lishment of  a  popular  initiative  and  referendum,  including  this 
sentence,  shall  be  the  subject  of  an  initiative  petition." 

After  debate  the  question  was  put,  and  106  members  voted 
in  the  affirmative  and  91  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
123  members  voted  in  the  affirmative  and  141  in  the  negative, 
as  follows :  — 


THURSDAY,  NOVEMBER  22,  1917. 


535 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T.. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 


Messrs.  Hall,  Elisha  S. 

Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robinson,  George  H. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


536 


JOURNAL  OF  THE  CONVENTION, 


NAYS. 


Messrs.  Adams,  Smith  J. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
GaUagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 


Messrs.  Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrffl,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 


THURSDAY,  NOVEMBER  22,  1917.  537 

Messrs.  Sullivan,  William  J.  Messrs.  Walsh,  David  I. 

Swig,  Louis  Webster,  George  P. 

Talbot,  Harry  R.  Whipple,  Sherman  L. 

Thompson,  Edward  Whitehead,  James 

Twomey,  John  C.  Winslow,  Guy  M. 

Walker,  George  Wonson,  Carlton  W. 
Walker,  Joseph 

123  yeas;  141  nays. 

Therefore  the  amendment  was  rejected. 

Mr.  Bennett  of  Saugus  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived,  by  a  vote  of  73  to  82. 

The  question   then    came    on    the    following   pending  amend-  ^ 
ment,    moved  by   Mr.    Harriman   of  New   Bedford:     That   the 
resolution    recommended  as  a  substitute   by  the  committee  on 
Form  and  Phraseology  be  amended  by  striking  out  lines  28,  29 
and  30  (as  amended). 

After   debate,    and   without   action   on   the   amendment,    Mr.  Adjournment. 
O'Connell  of  Boston  moved  that  the  Convention  adjourn;    and 
this  motion  prevailed. 

Accordingly,  at  six  minutes  before  five  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


538 


JOURNAL   OF  THE   CONVENTION, 


Delegate 
George  W. 
Anderson  of 
Brookline, 
—  special 
communi- 
cation. 


Samuel  F. 
Brown. 


FRIDAY,  November  23,  1917. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Archey  D.  Ball  of  Maiden. 

Special  Communication. 

A  communication  from  Delegate  George  W.  Anderson  of 
Brookline,  addressed  to  the  President  of  the  Convention  and 
dated  November  21,  was  read,  as  follows:  — 

"It  seems  to  me  fitting  that  I  should  ask  that  the  records  of 
the  Convention  show  that  my  absence  from  roll  calls  for  the 
past  six  weeks  has  not  been  from  inattention  to  public  duty. 
As  you  know,  I  was,  contrary  to  my  own  desire,  appointed  upon 
the  Interstate  Commerce  Commission  and  had  to  assume  the 
duties  of  that  office  on  October  15th.  It  is  also  known  to  you 
that  matters  of  vital  importance  due  to  war  conditions  were 
pending  before  that  Commission,  calling  for  immediate  and 
absorbing  attention.  It  seemed  to  me  a  matter  of  plain  public 
duty  to  accept  this  appointment,  and  also  to  devote  myself  to 
matters  then  pending.  My  absence  has  therefore  been  com- 
pulsory. 

"  But  while  unable  to  listen  to  or  participate  in  the  discussions, 
I  have  arranged  to  offset  my  vote  with  delegates  holding  different 
views  who  are  also  constrained  to  be  absent  in  the  performance 
of  other  public  duties. 

"I  ask  that  this  letter  may  be  either  inserted  in  the  records 
or  that  you  will  take  such  other  course  as  seems  to  you  proper 
under  the  circumstances." 

The  communication  was  placed  on  file. 

Leave  of  Absence. 

On  motion  of  Mr.  Adams  of  Springfield,  - 

Ordered,  That  Mr.  Brown  of  Springfield  be  granted  leave  of 
absence  for  the  current  week,  under  Rule  13,  because  of  illness. 


Special  recess 
committee 
on  economic, 
industrial 
and  military 
problems. 


Special  Committee  to  Consider  Economic,  Industrial  and  Military 

Problems. 

The  following  order,  offered  by  Mr.  Adams  of  Quincy,  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
laid  on  the  table,  on  motion  of  that  member:  - 

Ordered,  That  this  Convention  appoint  its  President  to  serve 
during  the  approaching  recess  as  chairman  of  a  committee  whose 
duty  it  shall  be  to  consider,  and  to  report  upon  to  this  Con- 
vention when  it  shall  reconvene,  those  economic,  industrial  and 
military  problems  which  are  being  evolved  here  and  elsewhere 
by  the  present  war,  and  problems  which,  in  their  judgment, 


FRIDAY,  NOVEMBER  23,  1917.  539 

directly  concern  the  future  development  of  this  country  and  this 
Commonwealth;  and  be  it  further 

Ordered,  That  the  chairman  thereof  shall  appoint  the  other 
members  of  said  committee,  who  shall  not  exceed  fifteen  in 
number,  and  who  shall  serve  without  pay. 

Proposed  Adjournment  from  November  23  to  December  4- 

The  following  order,  offered  by  Mr.  Feiker  of  Northampton,  Adjournment 
the  consideration  of  which  was  postponed  from  the  last  session,  b'S-123ItoVem~ 
was  considered :  —  December  4. 

Ordered,  That,  when  the  Convention  adjourns  on  Friday, 
November  23,  it  adjourn  to  meet  on  Tuesday,  December  4,  at 
one  o'clock  P.M.;  and  that,  if  the  Convention  is  in  session  at  one 
o'clock  P.M.  on  said  November  23,  the  President  shall  declare  an 
adjournment. 

Mr.  Feiker  of  Northampton  moved  that  Rule  45  (which  pro- 
vides that  "no  motion  to  adjourn  for  more  than  seven  days  at 
a  time  shall  be  entertained")  be  suspended,  so  that  the  order 
might  be  entertained;  and  after  debate  this  motion  was  negatived. 

• 
Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive  and  referendum   (Doc.  No.  369),  being  the  unfinished  busi-  referendum, 
ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  passing  it  to  be  engrossed. 

The  question  first  came  on  the  pending  amendment,  moved  Mr.  Hamman, 

TT         .  -r,     ,.       i ^  ,-,  ,1  i     ,.  —amendment. 

by  Mr.  Harnman  of  iNew  Bedford,  that  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology (printed  in  Doc.  No.  370)  be  amended  by  striking  out  lines 
28,  29  and  30  (as  amended). 

After  debate   Mr.  Richardson   of   Newton  raised   the  point  of  Point  of 
order  that  the  amendment  could  not  properly  be  entertained,  for  01 
the  reason  that,  if  adopted,  it  would  reverse  action  taken  by  the 
Convention  at  the  last  session  in  amending  the  same  lines  of  the 
resolution. 

The  President  stated  that,  if  the  amendment  contemplated 
striking  out  only  the  words  which  were  inserted  at  the  last 
session,  a  point  of  order  would  hold;  but  that  words  previously 
inserted  might  be  stricken  out  in  connection  with  other  words. 
He  therefore  declared  the  point  of  order  not  well  taken. 

The  amendment  was  then  rejected,  by  a  vote  of  68  to  135. 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Sawyer,  - 
moved   by   Mr.    Sawyer  of   Ware:    That   the  resolution   recom-  amendment. 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology   be    amended    by    striking    out   lines    28,    29    and    30    (as 
amended),  and   inserting   in   place   thereof   the   following   para- 
graph :  - 

"An  initiative  petition  to  repeal,  alter  or  amend  any  of  the 
specific  exemptions  from  the  operation  of  the  constitutional 


540 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Bartlett, 
—  amendment. 


Mr.  George,  — 
amendments. 


initiative  in  the  foregoing  paragraph,  shall  not  be  deemed  re- 
ferred to  the  next  general  court  unless  it  shall  be  agreed  to  by 
a  majority  of  those  present  and  voting  in  joint  session,  nor 
shall  it  be  deemed  referred  to  the  people  by  a  second  general 
court  unless  it  be  agreed  to  by  a  majority  of  those  present 
and  voting  in  joint  session.  Nor  shall  anything  in  the  fore- 
going sentence  be  the  subject  of  an  initiative  petition." 

After  debate  the  amendment  was  rejected,  by  a  vote  of  34 
to  126. 

The  following  pending  amendment,  moved  by  Mr.  Bartlett  of 
Newburyport  was  adopted:  That  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  inserting  after  the  word  "subjects",  in  line  43,  the 
words  "not  excluded  from  the  popular  initiative  and". 

The  question  then  came  on  the  following  pending  amendments, 
moved  by  Mr.  George  of  Haverhill:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  lines  55  and  56,  the  words 
"first  Wednesday  of  the  September",  and  inserting  in  place 
thereof  the  words  "second  Wednesday  of  the  November"; 
and  by  striking  out*  in  line  59,  the  word  "first",  and  inserting 
in  place  thereof  the  word  "last". 

After  debate  the  question  was  divided,  at  the  request  of  Mr. 
Morrill  of  Haverhill;  and,  on  the  amendment  of  lines  55  and  56, 
101  members  voted  in  the  affirmative  and  67  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
140  members  voted  in  the  affirmative  and  140  in  the  negative, 
as  follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
BickneU,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


Messrs.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 


FRIDAY,  NOVEMBER  23,  1917. 


541 


Messrs.  Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 


Messrs.  Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


NATS. 


Messrs.  Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 


542 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
MitcheU,  John 


Messrs.  Moran,  William 

Moriarty,  James  T. 
Morrill,  "Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quihcy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 


140  yeas;  140  nays. 


Mr.  George,  — 
amendment. 

Mr.  Moriarty, 
—  amendment. 


Therefore  the  amendment  was  rejected. 

.    The  pending  amendment  of  line  59,  moved  by  Mr.  George,  was 
then  rejected,  by  a  vote  of  37  to  83. 

There  being  no  objection,  Mr.  Moriarty  of  Boston  moved  that 
the  resolution  recommended  as  a  substitute  by  the  committee 
on  Form  and  Phraseology  be  amended  by  striking  out,  in  lines 
45,  46  and  47,  the  words  "  A  filing  fee  not  exceeding  one  hundred 
dollars,  which  shall  be  returned  if  and  when  the  petition  is 
completed,  may  be  required  by  law." 

After  debate  the  question  was  put,  and  92  members  voted  in 
the  affirmative  and  104  in  the  negative. 


FRIDAY,  NOVEMBER  23,   1917. 


543 


The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Moriarty;  and  on  the  roll  call  142  members 
voted  in  the  affirmative  and  134  in  the  negative,  as  follows:  — 


YEAS. 


Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W.. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,.  Daniel  J. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Matthew 
Harding,  Clarence  W. 


Messrs.  Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 


544 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 


Messrs.  Thompson,  Edward 
Thompson,  John  L. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flye,  Louis  Edwin 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 


FRIDAY,  NOVEMBER  23,   1917.  545 

Messrs.  Rieutord,  Louis  O.  Messrs.  Tilton,  Rufus  H. 

Robbins,  Edward  J.  Trefry,  William  D.  T. 

Robinson,  George  H.  Turner,  Joseph 

Saunders,  Amos  T.  Underbill,  Charles  L. 

Shattuck,  Josiah  B.  Walcott,  Robert 

Shea,  John  M.  Washburn,  Charles  G. 

Smith,  Jerome  S.  Waterman,  George  B. 

Smith,  Rutherford  E.  Wellman,  Arthur  Holbrook 

Stearns,  Harry  N.  Wheeler,  William 

Stoneman,  David  Whittier,  Eugene  P. 

Sullivan,  Edmund  G.  Willett,  George  Franklin 

Sweet,  Joseph  L.  Williams,  Fred  Homer 

Swig,  Louis  Wing,  Herbert 

Tatman,  Charles  T.  Wonson,  Carlton  W. 

Thompson,  Hubert  C.  Wood,  Charles  J. 

142  yeas;  134  nays. 

Therefore  the  amendment  was   adopted. 

The  first  pending  amendment  moved  by  Mr.  Knotts  of  Somer-  Mr.  Knotts,  — 
ville   (that  the  resolution  recommended  as  a  substitute  by  the  amendment- 
committee   on   Form    and   Phraseology    be   amended   by   insert- 
ing,  after  line  59,   certain  paragraphs)   was  withdrawn  by  that 
member,  there  being  no  objection. 

The    question    then    came    on    certain    pending    amendments  Mr.  Quincy,  — 
moved  by  Mr.   Quincy  of  Boston.     The  same  member  moved  amendments- 
certain  amendments  of  the  amendments. 

After  debate  Mr.  O'Connell  of  Boston  moved  that  the  Con-  Recess. 
vention  take  a  recess  until  two  o'clock;    and  this  motion  was 
adopted,  by  a  vote  of  141  to  37. 

Accordingly,  at  five  minutes  before  one  o'clock,  a  recess  was 
taken  until  two  o'clock;  at  which  hour  the  Convention  reas- 
sembled. 

Mr.    Quincy   of   Boston   doubted   the   presence   of   a   quorum;  Quorum. 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  Mr.  Quincy  asked  unanimous 
consent  that  the  time  for  debate  on  his  pending  amendments  be 
extended  fifteen  minutes.  Objection  was  made  by  Mr.  Reidy  of 
Boston. 

Mr.  Quincy  was  then  given  unanimous  consent  to  modify  his  Mr.  Quincy,  — 
pending  amendments,  so  as  to  read  as  follows:    That  the  resolu-  amendments- 
tion  recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  as  follows:  — 

By  inserting  in  line  48,  after  the  word  "shall",  the  words 
"give  the  petition  a  number  and  shall"; 

By  striking  out,  in  lines  60,  61  and  62,  the  words  "If  an  initia- 
tive petition,  signed  by  the  required  number  of  qualified  voters, 
has  been  filed  as  aforesaid",  and  inserting  in  place  thereof  the 
words  "If  the  required  number  of  signatures  to  an  initiative  pe- 
tition has  been  filed  with  the  secretary  of  the  commonwealth  as 
herein  provided"; 

By  inserting  after  line  59  the  following  paragraphs:  — 

"The  signatures  to  initiative  petitions  hereby  required,  with 
the  exception  of  the  first  ten  signers,  shall  be  made  and  filed  as 
follows:  The  secretary  of  the  commonwealth  shall  print  in- 


546  JOURNAL  OF  THE  CONVENTION, 

dividual  signature  cards  upon  which  any  registered  voter  receiv- 
ing the  same  as  herein  provided  may  personally  make  his 
signature,  followed  by  his  address  as  it  appears  upon  the  voting 
list,  in  favor  of  any  initiative  petition  which  he  desires  to  support. 
Each  such  card  shall  identify  by  number  or  otherwise  the  in- 
itiative petition  for  which  the  signature  is  to  be  given,  shall  bear 
the  seal  of  the  commonwealth  printed  thereon,  or  other  identify- 
ing mark,  and  shall  be  used  only  for  official  transmission  by  mail 
as  herein  provided.  Any  registered  voter  may  sign  one  such 
signature  card  in  favor  of  each  initiative  petition  which  he 
desires  to  support,  but  each  signature  card  shall  only  be  signed 
by  one  voter  and  for  one  petition. 

Amendment's"  "The  secretary  of  the  commonwealth  shall  procure 'and  keep 
on  file  the  latest  printed  copies  of  the  voting  lists  of  all  cities  and 
towns,  and  he  shall,  at  the  request  of  any  original  signer  of  an 
initiative  petition  duly  filed,  cause  one  of  such  signature  cards  to 
be  mailed  to  any  list  or  lists  of  voters  which  may  from  time  to 
time  be  specified  or  furnished  by  any  such  signer,  provided  that 
all  expenses  connected  with  such  mailing,  other  than  the  expense 
of  printing  such  signature  cards  and  such  initiative  measure, 
shall  be  deposited  in  advance.  A  copy  of  the  full  text  of  such 
initiative  measure  shall  be  printed  by  the  secretary  of  the  com- 
monwealth and  enclosed  with  each  signature  card,  together  with 
any  printed  argument  in  support  of  the  same,  and  any  addressed 
return  envelopes  which  may  be  furnished  him  for  mailing  there- 
with. Provision  shall  be  made  by  law  to  regulate  the  length  of 
any  such  argument  and  for  allowing  opponents  of  such  initia- 
tive measure  an  opportunity,  by  depositing  one-half  of  the  ex- 
pense of  mailing  as  aforesaid,  exclusive  of  the  expense  of  furnish- 
ing such  addressed  return  envelopes,  to  have  printed  arguments 
in  opposition  to  such  measure  enclosed  with  such  signature  cards. 
Instead  of  mailing  such  cards  the  secretary  of  the  common- 
wealth shall,  at  the  request  of  any  such  original  signer,  furnish 
and  send  to  any  clerk  of  a  city  or  town  a  sufficient  number  of 
signature  cards  for  the  registered  voters  of  such  city  or  town, 
and  such  clerk  shall,  upon  the  deposit  of  the  expenses  aforesaid, 
thereupon  have  the  same  duty  -in  respect  to  the  mailing  of  such 
signature  cards  and  other  printed  matter  as  herein  provided  in 
respect  to  said  secretary. 

"As  an  additional  method  of  giving  his  signature  and  support 
to  any  initiative  petition,  any  registered  voter  may  express  in 
his  own  handwriting  upon  a  paper  or  card  personally  signed  by 
him,  with  his  address  as  aforesaid  and  bearing  the  signature  and 
address  of  a  witness,  his  desire  to  sign  in  favor  of  any  one  in- 
itiative petition  designated  therein  by  number  or  other  sufficient 
description,  and  such  paper  or  card  when  received  by  the  clerk 
of  the  city  or  town  in  which  such  voter  is  registered  as  a  voter 
shall  constitute  a  signature  to  such  petition;  and  any  such  voter 
may  sign  one  such  paper  or  card  in  favor  of  each  initiative 
petition  which  he  desires  to  support. 

"In  addition  to  the  two  methods  of  signing  initiative  peti- 
tions above  provided,  any  registered  voter  may  give  his  signature 
therefor  in  the  presence  of  the  clerk  of  the  city  or  town  in  which 


FRIDAY,  NOVEMBER  23,  1917.  547 

he  is  a  registered  voter,  or  of  any  assistant  in  his  office,  and  the 
secretary  of  the  commonwealth  shall  furnish  to  every  city  or 
town  clerk  an  official  blank  for  such  signatures. 

"Any  such  official  signature  card  or  unofficial  paper  or  card 
when  executed  as  herein  provided  may  be  delivered  by  mail  or 
otherwise  either  to  the  secretary  of  the  commonwealth  or  to  the 
clerk  of  the  city  or  town  in  which  the  signer  of  the  same  is  a 
registered  voter,  and  when  so  received  shall  be  open  for  public 
inspection.  If  the  name  and  residence  signed  to  any  such  card 
or  paper  corresponds  to  the  name  and  residence  of  a  registered 
voter,  and  if  such  card  or  paper  appears  to  be  executed  as  herein 
required,  the  same  shall  be  placed  on  file,  otherwise  it  shall  be 
rejected.  If  the  officer  with  whom  such  card  or  paper  is  filed 
believes,  from  evidence  offered  to  him,  that  there  is  substantial 
reason  to  doubt  the  genuineness  of  the  signature  to  any  such 
card  or  paper,  he  may  reject  the  same,  unless  satisfactory  evi- 
dence to  establish  such  genuineness  is  furnished.  The  name  of 
each  signer  of  any  such  card  or  paper  or  blank  shall  be  checked 
on  the  voting  list,  so  that  the  same  voter  shall  not  be  counted 
more  than  once  in  support  of  any  one  petition. 

"When  the  time  for  filing  signatures  as  fixed  herein  shall  ex- 
pire, each  city  or  town  clerk  with  whom  any  such  official  signa- 
ture cards  or  any  such  unofficial  papers  or  cards  have  been  filed, 
or  who  has  in  his  office  any  of  the  petition  blanks  furnished  as 
aforesaid  with  signatures  of  voters  thereon,  shall  transmit  all  of 
the  same  to  the  secretary  of  the  commonwealth,  who  shall  pro- 
ceed to  examine  the  same  and  count  all  signatures  which  appear 
to  be  in  conformity  herewith,  and  if  the  number  of  such  signatures 
to  any  petition,  together  with  the  number  of  signatures  thereto 
filed  directly  with  the  secretary  of  the  commonwealth,  equals  the 
number  of  signatures  required  to  complete  such  petition  as  herein 
provided,  then  such  petition  shall  be  transmitted  to  the  general 
court  or  submitted  to  the  people,  as  the  case  may  be,  as  herein- 
after provided."; 

By  striking  out,  in  lines  112,  113  and  114,  the  words  "in  any 
manner  not  inconsistent  with  its  general  purpose  by  vote  of 
three-fourths  of  the  members  voting  thereon  in  joint  session", 
and  inserting  in  place  thereof  the  words  "by  vote  of  three- 
fourths  of  the  members  voting  thereon  in  joint  session,  which 
shall  be  taken  by  yeas  and  nays  unless  dispensed  with  by  unani- 
mous consent"; 

By  striking  out  lines  152  to  158,  inclusive,  and  inserting  in 
place  thereof  the  words  "is  completed  by  filing  after  the  first 
Wednesday  in  June  aforesaid,  and  before  the  first  Wednesday 
of  the  following  August,  not  less  than  five  thousand  signatures 
of  qualified  voters,  in  addition  to  those  filed  before  the  intro- 
duction of  such  initiative  petition,  which  signatures  must  have 
been  obtained  after  the  first  Wednesday  of  June  aforesaid,  then"; 

By  striking  out  lines  184  to  190,  inclusive,  and  inserting  in  place 
thereof  the  words  "by  filing  after  the  first  Wednesday  in  June 
aforesaid,  and  before  the  first  Wednesday  of  the  following  August, 
not  less  than  five  thousand  signatures  of  qualified  voters,  in 
addition  to  those  filed  before  the  introduction  of  such  initiative 


548 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Quincy,  — 
amendments. 


Point  of 
order. 


Mr.  Bates,  — 
amendment. 


petition,   which  signatures   must  have   been  obtained   after   the 
first  Wednesday  of  June  aforesaid,  then  the";   and 

By  striking  out  lines  168  to  192,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph:  — 

"The  general  court  may,  upon  petition  signed  by  a  majority 
of  the  first  ten  signers  of  an  initiative  petition  for  a  law,  make 
any  amendment  or  amendments  therein,  by  vote  taken  by  the 
yeas  and  nays,  which  are  specifically  asked  for  in  such  petition, 
and  such  proposed  law  shall  then  be  voted  upon  by  the  general 
court,  and  submitted  to  the  people  if  qualified  for  submission  as 
herein  provided,  in  such  amended  form." 

Mr.  Quincy  then  moved  that  the  further  consideration  of  his 
amendments,  except  the  amendment  of  lines  112,  113  and  114,  be 
postponed  until  action  had  been  taken  on  all  other  amendments, 
except  amendments  proposing  substitute  resolutions. 

Mr.  Sawyer  of  Ware  raised  the  point  of  order  that  the  motion 
to  postpone  could  not  properly  be  entertained,  for  the  reason 
that  it  is  not  in  order  to  postpone  the  consideration  of  a  sub- 
sidiary question. 

The  President  stated  that,  if  the  motion  to  postpone  had  been 
to  a  day  certain,  or  had  otherwise  separated  the  subsidiary 
question  from  the  main  question,  it  would  not  have  been  in 
order;  but  that  the  motion  only  contemplated  changing  the 
order  for  the  consideration  of  amendments.  He  therefore  de- 
clared the  point  of  order  not  well  taken. 

After  debate  the  motion  to  postpone  was  adopted,  by  a  vote  of 
127  to  57. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Bates  of  Boston:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  inserting,  after  line  85,  the  following 
paragraph: — 

"If,  of  the  measures  introduced  into  the  general  court  by 
initiative  petition  in  any  one  year,  more  than  five  fail  of  enact- 
ment by  the  general  court,  and  the  petitions  relating  to  more 
than  five  are  duly  completed,  the  five  on  the  petitions  accom- 
panying which  appear  the  largest  number  of  signatures  of  regis- 
tered voters,  and  no  more,  shall  be  submitted  to  the  people  at 
the  next  state  election.  The  measures  not  so  submitted  shall  be 
deemed  to  be  introduced  into  the  next  session  of  the  general 
court  and  pending  in  the  house  of  representatives." 

After  debate  the  question  was  put,  and  97  members  voted  in 
the  affirmative  and  97  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Luce  of  Waltham;  and  on  the  roll  call 
106  members  voted  in  the  affirmative  and  153  in  the  negative,  as 
follows :  — 

YEAS. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 


Messrs.  Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 


FRIDAY,  NOVEMBER  23,  1917. 


549 


Messrs.  Bolster,  Percy  G. 

Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
.     Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 


Messrs.  Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 


Messrs.  Brine,  Henry  C. 

Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clapp,  Robert  P. 
Clark,  Ezra  W- 
Coakley,  Daniel  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 


550 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Farns worth,  Frank  S. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 


Messrs.  McLaud,  Abner  S. 

Merrill,  George  Frye 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Thompson,  John  L. 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


106  yeas;  153  nays. 
Therefore  the  amendment  was  rejected. 


FRIDAY,  NOVEMBER  23,   1917. 


551 


Mr.    George   of   Haverhill   then   moved   that  the  vote   be   re-  Motion  to 
considered    by  which    the    Convention,   previous    to    the    recess,  reconsider- 
rejected  the  following  amendment:    That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  lines  55  and  56,  the  words 
"first    Wednesday    of   the    September",    and   inserting   in   place 
thereof  the  words  "second  Wednesday  of  the  November". 

Mr.  Walker  of  Brookline  raised  the  point  of  order,  that  the  Point  of 
motion  to  reconsider  could  not  properly  be  entertained,  for  the  order' 
reason  that  business  had  intervened  since  the  rejection  of  the 
amendment. 

The  President  stated  that  a  motion  to  reconsider  a  vote  on  a 
subsidiary  question  was  in  order  at  any  time  when  the  main  ques- 
tion was  before  the  Convention;  and  therefore  declared  the  point  of 
order  not  well  taken. 

Mr.    George   proceeded   to   debate   the   motion   to   reconsider,  Point  of 
whereupon  Mr.  William  H.  Sullivan  of  Boston  raised  the  point  OI 
of  order  that,  general  debate  having  been  closed  by  vote  of  the 
Convention,  the  motion  to  reconsider  was  not  debatable. 

The  President  referred  to  Rule  48,  which  provided  that  "on  a 
motion  to  reconsider  a  vote  upon  any  collateral  matter  debate 
shall  be  limited  to  ten  minutes",  and  declared  the  point  of 
order  not  well  taken. 

After  debate  on  the  motion  to  reconsider,  the  question  was  put, 
and  94  members  voted  in  the  affirmative  and  109  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  George;  and  on  the  roll  call  121  members 
voted  in  the  affirmative  and  142  in  the  negative,  as  follows:  — 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 


YEAS. 

Messrs.  Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 


552 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 


Messrs.  Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 

Messrs.  Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 


FRIDAY,  NOVEMBER  23,  1917. 


553 


Messrs.  Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  II . 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 


Messrs.  O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


121  yeas;  142  nays. 


Therefore  the  Convention  refused  to  reconsider. 

The  question  then  came  on  the  following  pending  amendments,  Mr.  Washbum, 
moved  by  Mr.  Washbum  of  Middleborough:   That  the  resolution  -amendments. 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  as  follows:  — 

By  inserting  in  line  89,  after  the  word  "introduced",  the  words 
"as  herein  provided"; 

By  striking  out,  in  line  90,  the  words  "or  a  legislative  amend- 
ment"; 

By  striking  out,  in  lines  94  and  95,  the  words  "for  amend- 
ment", and  inserting  in  place  thereof  the  words  "of  a  legislative 
substitute"; 

By  striking  out,  in  line  97,  the  words  "and  continued"; 

By  striking  out,  in  lines  121  and  122,  and  in  line  128,  the 
word  "amendment",  and  inserting  in  place  thereof,  in  each  in- 
stance, the  word  "substitute"; 

By  striking  out,  in  line   134,   the  words   "the  amendment", 


554 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Washburn, 
—  amendments. 


and  inserting  in  place  thereof  the  words  "such  substitute  or 
amendment"; 

By  striking  out,  in  line  135,  the  word  "amendment",  and 
inserting  in  place  thereof  the  words  "legislative  substitute  or 
initiative  amendment"; 

By  striking  out,  in  lines  136  to  139,  inclusive,  the  words 
",  in  the  case  of  a  legislative  amendment,  by  a  majority  of  the 
voters  voting  thereon,  or  in  the  case  of  an  initiative  amendment 
or  a  legislative  substitute,  if  approved"; 

By  inserting  in  line  142,  after  the  word  "such",  the  words 
"substitute  or"; 

By  striking  out,  in  line  393,  the  words  "Article  IX  and";  and 

By  striking  out,  in  line  394,  the  word  "are",  and  inserting  in 
place  thereof  the  word  "is". 

After  debate  the  question  was  put,  and  100  members  voted  in 
the  affirmative  and  101  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Washburn;  and  on  the  roll  call  107  mem- 
bers voted  in  the  affirmative  and  127  in  the  negative,  as  follows:  — 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Curtis,  Arthur  B. 


YEAS. 

Messrs.  Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Foss,  George  H. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 


FRIDAY,  NOVEMBER  23,   1917. 


555 


Messrs.  Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 


Messrs.  Tilton,  Rufus  H. 

Trefry,  William  D.  T. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wood,  Charles  J. 

NAYS. 

Messrs.  Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 
Lynch,  John  C. 
Maguire,  James  E. 

Mahoney,  John  J. 

Mansfield,  John  J. 

Martin,  Martin  L. 
McCarthy,  Charles  F. 

McCormack,  John  W. 

McKeon,  Francis  P. 

McLaud,  Abner  S. 

Merrill,  George  Frye 

Michelman,  Joseph 

Moran,  William 

Moriarty,  James  T. 

Morrill,  Charles  H. 

Moynihan,  James  J. 

Murley,  Joseph  J. 

Myron,  John  F. 

Nestor,  Patrick  F. 

Newhall,  Arthur  N. 

Newton,  H.  Huestis 

O'Connell,  John  P. 

O'Connell,  Joseph  F. 

Peirce,  Albion  G. 

Pelletier,  Joseph  C. 

Peterson,  Patrick 

Quincy,  Josiah 

Quinn,  Timothy  F. 


556 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Ray,  Herbert  L. 

Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 


Messrs.  Sullivan,  William  J. 
Swig,  Louis 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Willett,  George  Franklin 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


107  yeas;  127  nays. 
Therefore  the  amendments  were  rejected. 


At  eleven  minutes  after  four  o'clock  the  Chair  (Mr.  Washburn 
of  Worcester)  declared  the  Convention  adjourned,  to  meet  on 
Monday  next  at  one  o'clock  P.M. 


MONDAY,  NOVEMBER  26,  1917.  557 


MONDAY,  November  26,  1917. 
Met  according  to  adjournment,  at  one  o'clock  P.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 

Leave  of  Absence. 

On  motion  of  Mr.  Hale  of  Haverhill,  — 

Ordered,  That  Mr.  Lufkin  of  Essex  be  granted  leave  of  absence,  wiiifredw. 
under   Rule  13,  on  account  of    duties  which  devolve  upon  him  Lufkin- 
as  a  member-elect  of  the  Congress  of  the  United  States. 

Mr.  Richardson  of  Newton  was  excused,  at  his  own  request,  James  P. 
from  to-day's  session,  so  that  he  might  attend  the  funeral  of  a  R 
deceased  partner. 

Quorum. 

Mr.    Boucher    of    New    Bedford    doubted    the   presence   of    a  Quorum, 
quorum;    and  the  President  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

Adjournment  and  Hour  of  Meeting. 

On  the  appearance  of  a  quorum  Mr.  Sawyer  of  Ware  moved  ^™£?nsed 
that,   if  the  Convention  is   in  session  at  five  o'clock  P.M.,   the  season8 
President  declare  a  recess  until  seven  o'clock  P.M. 

After  debate  Mr.  Brackett  of  Arlington  moved  that  the  mo- 
tion be  amended  by  the  substitution  of  the  following:  That, 
when  the  Convention  adjourns  to-day,  it  adjourn  to  meet  to- 
morrow at  ten  o'clock  A.M. 

The  amendment  was  adopted;  and  the  motion  of  Mr.  Sawyer, 
as  thus  amended,  was  adopted. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia-  initiative  and 
tive  and  referendum  (Doc.  No.  369),  being  the  unfinished  busi-  referendum. 
ness  of  the  last  session,  was  considered  further,  the  main  question 
being  on  passing  it  to  be  engrossed. 

The  question  first  came  on  the  following  pending  amendment,  Mr.  Washbum, 
moved  by  Mr.  Washburn  of  Middleborough:    That  the  resolu-  ~amendment- 
tion  recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  (printed  in  Doc.  No.  370)  be  amended  by  striking 
out,  in  lines  93  and  94,  the  words  "twenty-five  thousand  quali- 
fied voters",  and  inserting  in  place  thereof  the  words  "five  per 
cent  of  the  qualified  voters,  calculated  upon  the  whole  number  of 
votes  cast  for  governor  at  the  last  preceding  election". 

After  debate,  Mr.  Webster  of  Waltham  being  in  the  chair, 
the  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at  the 
request  of  Mr.  Hale  of  Boston;  and  on  the  roll  call  109  members 
voted  in  the  affirmative  and  136  in  the  negative,  as  follows:  — 


558 


JOURNAL  OF  THE  CONVENTION, 


YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Gleason,  Nesbit  G. 


Messrs.  Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 


Messrs.  Begley,  John  S. 

Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 


MONDAY,  NOVEMBER  26,  1917. 


559 


Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 


Messrs.  Loring,  Augustus  P. 
Love,  Joseph  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


109  yeas;  136  nays. 


Therefore  the  amendment  was  rejected. 


560 


JOURNAL  OF   THE   CONVENTION, 


Mr.  Lummus, 
—  amendment. 


Quorum. 


The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Lummus  of  Lynn:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  93,  the  word  "twenty- 
five",  and  inserting  in  place  thereof  the  word  "forty". 

After  debate  the  question  was  put,  and  72  members  voted  in 
the  affirmative  and  84  in  the  negative. 

Mr.  White  of  North  Brookfield  raised  the  point  of  order  that  a 
quorum  was  not  present.  A  count  of  the  Convention  showed 
that  174  members  were  present. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Williams  of  Brookline;  and  on  the  roll  call 
(the  President  having  resumed  the  chair)  106  members  voted  in 
the  affirmative  and  141  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  j.  Howell 
Crossley,  William  Cyril 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gates,  Joseph  S. 


Messrs.  Gaylord,  Henry  E. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 


MONDAY,  NOVEMBER  26,  1917. 


561 


Messrs.  Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Ay  1  ward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 


Messrs.  Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  George  S. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 


562  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Rieutord,  Louis  O.  Messrs.  Sullivan,  William  H. 

Ross,  Samuel  Sullivan,  William  J. 

Sawyer,  Roland  D.  Talbot,  Harry  R. 

Scigliano,  Alfred  P.  Thompson,  Edward 

Shanahan,  William  J.  Twomey,  John  C. 

Shaw,  Michael  F.  Walker,  George 

Shea,  John  T.  Walker,  Joseph 

Sheehan,  Christopher  A.  Walsh,  David  I. 

Sherburne,  Nelson  Webster,  George  P. 

Skerrett,  Mark  N.  Whipple,  Sherman  L. 

Sparrell,  Ernest  H.  Whitehead,  James 

Stoeber,  Charles  Winslow,  Guy  M. 

Sullivan,  Joseph  M.  Wonson,  Carlton  W. 
Sullivan,  Michael  A. 

106  yeas;  141  nays. 

Therefore  the  amendment  was  rejected. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Brown  of  Brockton:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  inserting  after  the  word  "house",  in  line 
99,  the  words  ",  or  if  neither  house  shall  call  for  such  joint 
session". 

After  debate  Mr.  Brown  asked  unanimous  consent  to  with- 
draw the  amendment.  Objection  was  made. 

The  amendment  was  then  rejected. 

Mr.  Sullivan,  —  The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Sullivan  of  Lawrence:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  lines  94  to  99,  inclusive, 
the  words  "or  if  in  case  of  a  proposal  for  amendment  introduced 
into  the  general  court  without  such  initiative  petition,  authority 
for  which  mode  of  introduction  is  hereby  specifically  confirmed 
and  continued,  consideration  thereof  in  joint  session  is  called  for 
by  vote  of  either  house",  and  inserting  in  place  thereof  the 
words  "or  if  such  a  proposal  is  introduced  into  the  general  court 
by  a  member  thereof". 

There  being  no  objection  Mr.  Sullivan  modified  his  amend- 
ment so  as  to  read  as  follows:  That  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  as  follows:  — 

By  inserting  in  line  87,  after  the  word  "introduced",  the 
words  "into  the  general  court"; 

By  striking  out,  in  line  89,  the  word  "otherwise"; 

By  inserting  in  line  89,  after  the  word  "introduced",  the 
words  "by  a  member  of  either  house";  and 

By  striking  out,  in  lines  95,  96  and  97,  the  words  "without 
such  initiative  petition,  authority  for  which  mode  of  introduction 
is  hereby  specifically  confirmed  and  continued,",  and  inserting  in 
place  thereof  the  words  "by  a  member  of  either  house". 

After  debate  these  amendments  were  adopted. 

^e  (luest^on  tnen  came  on  the  following  pending  amendment, 
moved  by  Mr.  Quincy  of  Boston:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  lines  112,  113  and  114,.  the 


MONDAY,  NOVEMBER  26,  1917. 


563 


words  "in  any  manner  not  inconsistent  with  its  general  purpose 
by  vote  of  three-fourths  of  the  members  voting  thereon  in  joint 
session",  and  inserting  in  place  thereof  the  words  "by  vote  of 
three-fourths  of  the  members  voting  thereon  in  joint  session, 
which  shall  be  taken  by  yeas  and  nays  unless  dispensed  with  by 
unanimous  consent". 

There  being  no' objection  Mr.  Quincy  modified  his  amendment,  Mr. 
so  as  to  read  as  follows:  That  the  resolution  recommended  as  a 
substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  striking  out,  in  lines  111  to  114,  inclusive,  the  words 
"but  such  amendment  may  be  amended  in  any  manner  not  in- 
consistent with  its  general  purpose  by  vote  of  three-fourths  of  the 
members  voting  thereon  in  joint  session",  and  inserting  in  place 
thereof  the  words  "unless  such  amendment  is  amended  by  vote 
of  three-fourths  of  the  members  voting  thereon  in  joint  session, 
which  vote  shall  be  taken  by  call  of  the  yeas  and  nays  if  called 
for  by  any  member". 

After  debate  this  amendment  was  adopted. 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Churchm, 
moved  by  Mr.  Churchill  of  Amherst:   That  the  resolution  recom-  ~ 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  124,  the  word  "one- 
fourth",  and  inserting  in  place  thereof  the  word  "one-third". 

After  debate  the  question  was  put,  and  82  members  voted  in 
the  affirmative  and  73  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
115  members  voted  in  the  affirmative  and  134  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 


Messrs.  Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 


564 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Colemari,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 


Messrs.  Putnam,  Harry  B. 

Richardson,  Edward  A. 
Robbins,  Edward  J. 
'Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 


MONDAY,  NOVEMBER  26,  1917. 


565 


Messrs.  Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 


Messrs.  Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


115  yeas;  134  nays. 

Therefore  the  amendment  was  rejected. 

Mr.  Bangs  of  Boston  being  in  the  chair,  the  question  came  on  Mr.  Bosworth, 
the  following  pending  amendments,  moved  by  Mr.  Bosworth  of  —  amendments. 
Springfield:    That  the  resolution  recommended  as  a  substitute  by 
the  committee  on  Form  and  Phraseology  be  amended  by  striking 
out,  in  lines  140,  162,  295  and  331,  the  word  "thirty",  and  in- 
serting in  place  thereof,  in  each  instance,  the  word  "forty-five". 

Mr.  McCarthy  of  Marlborough  moved  the  previous  question,  previous 

After   debate   the   question   was   put  on   the   motion   of    Mr.  question. 
McCarthy,  and  102  members  voted  in  the  affirmative  and  98  in 
the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Bates  of  Boston;  and  on  the  roll  call  (the 
President  having  resumed  the  chair)  139  members  voted  in  the 
affirmative  and  110  in  the  negative,  as  follows:  — 


YEAS. 


[essrs.  Adams,  Smith  J. 
'    Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 


Messrs.  Besse,  Harold  A. 

Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 


566 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Coleman,  George  W. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Feiker,  William  H. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lynch,  John  C. 

Messrs.  Adams,  Scott 

Anderson,  Frederick  L. 
Bailey,  Charles  O. 


T. 


Messrs.  MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parker,  Herbert 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Robinson,  George  H. 
Ross,  Samuel 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 


MONDAY,  NOVEMBER  26,  1917. 


567 


Messrs.  Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Bolster,  Percy  G. 
Bos  worth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  E.  Gerry 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A.  . 
Buttrick,  Allan  G. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Fisher,  Edward 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hale,  Matthew 
Hall,  Elisha  S. 
Harding,  Clarence  W. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 


Messrs.  Hibbard,  Charles  E. 

Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Morton,  James  M. 
Myron,  John  F. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Charles  G. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 
Youngman,  William  S. 


139  yeas;  110  nays. 


Therefore  the  previous  question  was  ordered. 

Mr.  Kinney  of  Boston  then  moved  that  the  Convention  ad-  Proposed 
journ;    and  this  motion  was  negatived. 

The  foregoing   amendments,   previously   moved  by   Mr.    Bos-  Mr.  Bosworth, 
rth,  were  then  rejected,  by  a  vote  of  78  to  114.  -amendments. 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Morton,— 
moved  by   Mr.   Morton  of    Fall    River:     That    the    resolution  amendment, 
mmended  as  a  substitute  by  the  committeejon  Form  and 


j 

" 

mo 

" 


568 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Morton, — 
amendment. 


Phraseology  be  amended  by  adding,  at  the  end  of  line  143,  the 
words  " :  provided,  that  nothing  herein  contained  shall  be 
deemed  to  impair  or  to  authorize  the  impairment  of  the  right 
of  the  subject  to  life,  liberty,  security,  property  and  character, 
the  liberty  of  the  press,  and  the  freedom  of  debate  in  each  house 
of  the  legislature,  as  declared  in  the  bill  of  rights". 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call  113 
members  voted  in  the  affirmative  and  134  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 


Messrs.  Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 


MONDAY,  NOVEMBER  26,  1917. 


569 


Messrs.  Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 


Messrs.  White,  John  A. 

Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 


570 


JOUKNAL  OF  THE  CONVENTION, 


Messrs.  Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 


Messrs.  Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


113  yeas;  134  nays. 


Mr.  Washburn, 
—  amendment. 


Therefore  the  amendment  was  rejected. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Washburn  of  Middleborough :  That  the  resolution 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  striking  out,  in  line  146,  the  words 
"twenty  thousand  qualified  voters",  and  inserting  in  place  thereof 
the  words  "four  per  cent  of  the  qualified  voters,  calculated  upon 
the  whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election",  —  and  89  members  voted  in  the  affirmative  and  103  in 
the  negative. 

The  sense  of  the  convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Churchill  of  Amherst;  and  on  the  roll  call 
101  members  voted  in  the  affirmative  and  138  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtiss,  Elmer  L. 


Messrs.  Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Loruig,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
McAnarney,  John  W. 
Merriam,  John  M. 
MitcheU,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 


MONDAY,  NOVEMBER  26,  1917. 


571 


Messrs.  Morton,  James  M. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S.  ' 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 


Messrs.  Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
'  Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Finn,  E.  Philip 

Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 


572 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Myron,  John  F. 

Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 


Messrs.  Shea,  John  T. 

Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Mr.  Washburn, 
—  amendment. 


101  yeas;  138  nays. 

Therefore  the  amendment  was  rejected. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Washburn  of  Middleborough:  That  the  resolu- 
tion recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  striking  out,  in  lines  155  and  156, 
the  words  "five  thousand  signatures  of  qualified  voters",  and 
inserting  in  place  thereof  the  words  "  one  per  cent  of  the  qualified 
voters,  calculated  upon  the  whole  number  of  votes  cast  for 
governor  at  the  last  preceding  election",  — and  86  members  voted 
in  the  affirmative  and  114  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Lummus  of  Lynn;  and  on  the  roll  call  95 
members  voted  in  the  affirmative  and  135  in  the  negative,  as 
follows :  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


Messrs.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 


MONDAY,  NOVEMBER  26,   1917. 


573 


Messrs.  Gleason,  Nesbit  G. 

Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parkman,  Henry 
Pillsbury,  Albert  E. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Daley,  Peter 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 


Messrs.  Putnam,  Harry  B. 

Richardson,  Edward  A. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 


574 


JOURNAL  OF  THE  CONVENTION, 


MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
PeUetier,  Joseph  C. 


Messrs.  Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 


95  yeas;  135  nays. 

Therefore  the  amendment  was  rejected. 

Adjournment.        Mr.  Loring  of  Beverly  then  moved  that  the  Convention  ad- 
journ; and  this  motion  prevailed. 

Accordingly,  at  three  minutes  before  five  o'clock,  the  Conven- 
tion adjourned,  to  meet  to-morrow  at  ten  o'clock  A.M. 


TUESDAY,  NOVEMBER  27,   1917.  575 


TUESDAY,  November  27,  1917. 

Met  according  to  adjournment,  at  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Louis  A.  Walker  of  Middleborough. 

Leave  of  Absence. 

On  motion  of  Mr.  Crosby  of  Arlington,  — 

Ordered,   That   Mr.   French   of   Randolph   be   excused  for   his  Asa  P.  French. 
absence  from  the  session  of  Monday,  November  26,  because  of 
an  important  business  engagement  outside  the  Commonwealth. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  Mr.  Hall  of  North  Adams  be  granted  leave  of  £gf  Freeman 
absence,  under  Rule  13,  because  of  illness  in  his  family. 

Care  of  Property  of  the  Delegates. 

The    consideration    of    the    following    order,    offered    by    Mr.  Sergeant-at- 
Leonard  of  Boston,  was  postponed  until  the  next  session,  at  the  cVreof" 
request  of  that  member:  —  thePdd<f  ates 

Ordered,  That  the  Sergeant-at-Arms  be  instructed  to  impound 
the  manuscripts,  pamphlets  and  other  articles  of  personal  prop- 
erty of  the  delegates,  found  in  their  desks  and  lockers  at  the  close 
of  the  sitting  of  the  Convention  for  the  current  year,  and  preserve 
the  same  until  the  reconvening  of  the  Convention. 

Committee  on  Rules  and  Procedure  —  Expenses. 

The  consideration  of  the  following  order,  offered  by  Mr.  Luce  Committee  on 
of  Waltham,  was  postponed  until  the  next  session,  at  the  request 
of  Mr.  Finn  of  Chelsea:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be 
authorized,  during  the  recess  of  the  Convention,  to  incur  such 
expenses  as  it  may  deem  necessary  for  printing,  mailing,  clerical 
assistance,  or  other  purposes  connected  with  the  work  of  the 
Convention. 

Necessary  Committees  During  the  Recess. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 

Ordered,  That  the  President  of  the  Convention  be  authorized 

to   appoint,    during   the   recess   of   the   Convention,    any   special  o  commttees 

committee  or  committees  which  he  may  deem  proper. 


I 


Record  of  Appreciation. 

Mr.    Luce    of    Waltham    presented    the    following    resolution,  Delegate 
which  was  unanimously  adopted:  -  WheeiSof 

Resolved,  That  the  Convention  place  on  record  its  appreciation  c°jjcOTd,— 
f  the  thoughtful  generosity  of  Hon.  William  Wheeler,  delegate  appreciation. 


576 


JOURNAL  OF  THE  CONVENTION, 


Watchmen. 


Scrubwomen. 


from  the  town  of  Concord,  in  supplying  for  insertion  in  the 
Manual  for  the  Convention,  a  facsimile  reproduction  of  the 
resolution  adopted  by  the  town  of  Concord,  October  21,  1776, 
in  which  is  set  forth  for  the  first  time  the  distinction  between 
a  legislative  body  and  a  constitutional  convention. 

Compensation  of  Certain  Employees. 

of>nortS?of°Sie  ^T'  Wonson  of  Gloucester,  for  the  committee  on  Contingent 
state  House.  Expenses  and  Pay-Roll,  to  whom  was  recommitted  (on  Novem- 
ber 14)  the  order  providing  extra  compensation  for  porters  of 
the  State  House,  with  certain  proposed  amendments  relative 
to  compensation  for  the  watchmen  and  scrubwomen,  reported 
recommending  the  adoption  of  the  following  order:  — 

Ordered,  That  the  sum  of  fifty  dollars  be  paid  to  each  porter 
that  the  Sergeant-at-Arms  shall  certify  has  been  in  attendance 
in  and  about  the  chamber,  rooms  and  corridors  occupied  by  the 
members  of  the  Convention  and  in  the  employ  of  the  Common- 
wealth, as  extra  compensation  for  additional  work  performed. 

The  report  was  read;    and  the  order  was  considered  forthwith. 

Mr.  Underhill  of  Somerville  moved  that  the  order  be  amended  by 
inserting  after  the  word  "  porter"  the  words  "  and  each  watchman". 

Mr.  Twomey  of  Lawrence  moved  that  the  amendment  be 
amended  by  adding  after  the  word  "watchman"  the  words  "and 
each  scrubwoman". 

Mr.  George  of  Haverhill  moved  that  further  consideration  of 
the  order  be  postponed  until  the  next  session;  and  this  motion 
prevailed. 

Compensation  for  the  State  House  Matron. 

Mr.  Wonson  of  Gloucester,  for  the  committee  on  Contingent 
Expenses  and  Pay-Roll,  who  were  instructed  (by  an  order 
offered  by  Mr.  George  of  Haverhill  and  adopted  on  November 
7)  to  consider  the  expedience  of  providing  compensation  for  the 
matron  of  the  State  House,  reported  that  no  action  is  necessary 
at  this  time. 

The  report  was  read;    and  it  was  considered  forthwith. 

Mr.  George  of  Haverhill  then  moved  that  the  further  con- 
sideration of  the  report  be  postponed  until  the  next  session; 
and  this  motion  prevailed. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  establishing  the  popular  initia- 
tive and  referendum  (Doc.  No.  369),  being  the  unfinished  busi- 
ness of  the  last  session,  was  considered  further,  the  main  question 
being  on  passing  it  to  be  engrossed. 

The  question  first  came  on  the  following  pending  amendment, 
moved  by  Mr.  Sawyer  of  Ware:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology (printed  in  Doc.  No.  370)  be  amended  by  striking  out,  in 
line  155,  the  word  "August",  and  inserting  in  place  thereof  the 
word  "September". 


compensation. 


Initiative  and 
referendum. 


Mr.  Sawyer,  — 
amendment. 


TUESDAY,  NOVEMBER  27,   1917.  577 

Mr.  Sawyer  asked  unanimous  consent  to  modify  the  amend- 
ment by  including  a  like  amendment  in  line  187.  Objection  was 
made. 

The  amendment  was  then  rejected. 

The  question  then  came  on  the  following  pending  amendment.  Mr.  Knotts,— 

i        i»/r       -T7-  n  MI          rrn  i  amendment. 

moved  by  Mr.  .Knotts  or  bomerville:  Inat  the  resolution' recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  adding,  after  line  249,  the  following 
paragraphs:  — 

"Every  signature  to  a  referendum  petition  shall  be  affixed  in 
the  presence  of  the  clerk  of  the  city  or  town  in  which  the  signer 
is  a  registered  voter,  or  one  of  his  assistants,  or  in  the  presence 
of  such  other  city  or  town  official  as  may  be  designated  by  law, 
except  as  herein  otherwise  provided. 

"  Any  such  voter  may,  by  a  paper  in  his  own  handwriting, 
signed  by  him,  and  attested  by  a  witness,  express  his  desire 
to  become  a  signer  of  such  petition,  and  such  paper,  when 
received  by  such  clerk  or  official,  shall  amount  to  a  signature 
to  such  petition.  Such  clerk  or  official  shall  put  the  name  of 
such  voter  upon  such  petition,  and  shall  transmit  such  paper 
with  the  petition  as  hereinafter  provided. 

"The  petition  or  part  thereof,  with  signatures  thereon,  shall 
remain  in  the  custody  of  such  clerk  or  official  until  the  time  for 
signing  shall  expire;  and  at  such  expiration  such  clerk  or  official 
shall  transmit  it  to  the  secretary  of  the  commonwealth." 

Mr.  Lummus  of  Lynn  asked  unanimous  consent  to  move  an 
amendment  of  the  amendment.  Objection  was  made. 

The  amendment  was  then  rejected,  by  a  vote  of  51  to  97. 

The  question  then  came  on  the  following  pending  amend-  Mr.  O'Conneii, 
ments,  moved  by  Mr.  O'Conneii  of  Boston:  That  the  resolution  ~ 
recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  striking  out,  in  lines  15  to  18, 
inclusive,  the  words  "or  to  the  appointment,  qualification, 
tenure,  removal,  recall  or  compensation  of  judges;  or  to  the 
reversal  of  a  judicial  decision;  or  to  the  powers,  creation  or 
abolition  of  courts;";  and  by  striking  out,  in  lines  251  to  254, 
inclusive,  the  words  "or  to  the  appointment,  qualification, 
tenure,  removal  or  compensation  of  judges;  or  to  the  powers, 
creation  or  abolition  of  courts,". 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  O'Conneii;  and  on  the  roll  call  98  members 
voted  in  the  affirmative  and  159  in  the  negative,  as  follows:  — 

YEAS. 

Messrs.  Adams,  Smith  J.  Messrs.  Brennan,  James  H. 
Aylward,  James  F.  Brennan,  James  J. 

I         Barrett,  James  T.  Broderick,  Patrick  S. 

Batchelder,  Albert  W.  Brown,  EL  Gerry 


-Batchelder,  Albert  W .  .Brown,  &.  uerry 

Bauer,  Ralph  S.  Bullock,  William  J. 

Bigney,  Robert  E.  Burrell,  Fred  J. 

Bolster,  Percy  G.  Butler,  A.  Webster 

Boucher,  Joseph  Zoel  Callahan,  Timothy  F. 

Bowen,  Patrick  Carr,  Edward 

Boynton,  Thomas  J.  Coleman,  George  W. 


5.78 


JOURNAL   OF   THE   CONVENTION, 


Messrs.  Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Daley,  Peter 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
George,  Samuel  W. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Begley,  John  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brine,  Henry  C. 


Messrs.  McKeon,  Francis  P. 
Merrill,  George  Frye 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stoeber,  Charles 
Sullivan,  William  H. 
Swig,  Louis 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whitehead,  James 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Brown,  Samuel  F. 
Bruce,  Charles 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 


TUESDAY,  NOVEMBER  27,   1917. 


579 


Messrs.  Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kelly,  Luke.  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 


Messrs.  Lynch,  John  C. 

MacMaster,  Edward  A. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
WilliamS,  Fred  Homer 
,  Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


98  yeas;  159  nays. 


Therefore  the  amendments  were  rejected. 

The  following  pending  amendments,  moved  by  Mr.  Morrill  of 
Haverhill,  were  rejected:  That  the  resolution  recommended  as  a 
substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  striking  out,  in  line  277,  the  words  "five  per  cent", 
and  inserting  in  place  thereof  the  words  "twelve  thousand"; 


580 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Walker,  — 
amendments. 


and  by  striking  out,  in  lines  278  and  279,  the  words  "calculated 
upon  the  whole  number  of  votes  cast  for  governor  at  the  last 
preceding  election,". 

The  question  then  came  on  the  following  pending  amendments, 
moved  by  Mr.  Walker  of  Brookline:  That  the  resolution  rec- 
ommended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  277,  the  words  "five 
per  cent  of  the",  and  inserting  in  place  thereof  the  words  "fifteen 
thousand";  and  by  striking  out,  in  lines  278  and  279,  the  words 
"calculated  upon  the  whole  number  of  votes  cast  for  governor  at 
the  last  preceding  election,". 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  Walker;  and  on  the  roll  call  137  members 
voted  in  the  affirmative  and  128  in  the  negative,  as  follows:  - 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 


YEAS. 

Messrs.  Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 


TUESDAY,  NOVEMBER  27,  1917. 


581 


Messrs.  McLaud,  Abner  S. 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 


Messrs.  Adams,  Charles  Francis 
A  very,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv6,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bruce,  Charles 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 


Messrs.  Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 

NAYS. 

Messrs.  Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 


582 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 


Messrs.  Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


137  yeas;  128  nays. 


Mr.  Churchill, 
—  amendments. 


Therefore  the  amendments  were  adopted. 

The  question  then  came  on  the  following  pending  amend- 
ments, moved  by  Mr.  Churchill  of  Amherst:  That  the  resolu- 
tion recommended  as  a  substitute  by  the  committee  on  Form 
and  Phraseology  be  amended  by  striking  out,  in  line  317,  the 
words  "ten  thousand ",  and  inserting  in  place  thereof  the  words 
"five  per  cent  of  the";  and  by  inserting  after  the  word  "com- 
monwealth", in  the  same  line,  the  words  ",  calculated  upon  the 
whole  number  of  votes  cast  for  governor  at  the  last  preceding 
election,",  —  and  100  members  voted  in  the  affirmative  and  89 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  if  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
125  members  voted  in  the  affirmative  and  143  in  the  negative, 
as  follows:  — 


YEAS. 


Adams,  Charles  Francis 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  Sanford 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve',  Walter  L. 
Boyden,  Frank  L. 


Messrs.  Boyer,  Elmer  E. 

Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bruce,  Charles 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M., 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 


Jr. 


TUESDAY,  NOVEMBER  27,  1917. 


583 


Messrs.  Cook,  Rufus  H. 

Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
.      Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 


Messrs.  McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
.  Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 


.  Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 


584 


JOURNAL   OF  THE   (CONVENTION, 


Messrs.  Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J.    . 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 


Messrs.  McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


125  yeas;  143  nays. 

Therefore  the  amendments  were  rejected. 
Mr.  washbum,       The  following  pending  amendment,  moved  by  Mr.  Washburn 

—  amendment.        .    WVl  ,  ,«   i  •  i         r™  i    x- 

of  Middleborough,  was  rejected:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phraseol- 
ogy be  amended  by  striking  out,  in  line  317,  the  words  "ten 
thousand  qualified  voters  of  the  commonwealth",  and  inserting 
in  place  thereof  the  words  "two  per  cent  of  the  qualified  voters 
of  the  commonwealth,  calculated  upon  the  whole  number  of 
votes  cast  for  governor  at  the  last  preceding  election,". 


TUESDAY/NOVEMBER  27,  1917. 


585 


The  following  pending  amendment,  moved  by  Mr.  Ross  of 
New  Bedford,  was  rejected,  by  a  vote  of  44  to  99:  That  the 
resolution  recommended  as  a  substitute  by  the  committee  on 
Form  and  Phraseology  be  amended  by  striking  out  lines  333  to 
349,  inclusive,  and  inserting  in  place  thereof  the  following  para- 
graph: — 

"In  carrying  out  the  provisions  of  this  article  the  secretary 
of  the  commonwealth  and  all  other  public  officers  shall  be  guided, 
where  other  provision  is  not  specified  herein,  by  the  laws  relat- 
ing to  elections,  in  so  far  as  applicable,  and  any  initiative  or 
referendum  petition  coming  within  the  provisions  hereof  shall  be 
signed  and  certified  as  to  signatures  in  the  manner  provided  by 
law  relative  to  nomination  papers  of  candidates  for  the  general 
court.  And  the  penalties  for  forgery  or  fraud  provided  in  the 
laws  relative  to  elections  shall  apply  with  equal  force  to  initia- 
tive or  referendum  petitions  herein  specified." 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Curtis, 
moved  by   Mr.   Curtis  of  Revere:    That  the  resolution  recom-  a] 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  striking  out,  in  line  350,  the  word  "one- 
fourth",  and  inserting  in  place  thereof  the  word  "one-eighth",  — 
and  105  members  voted  in  the  affirmative  and  102  in  the  nega- 
tive. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
132  members  voted  in  the  affirmative  and  140  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Bruce,  Charles 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 


586 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Fraser,  Eugene  B. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kilbon,  John  L. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
A  very,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
BuUock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 


Messrs.  Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underfill!,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wheeler,  William    - 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Whig,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 


TUESDAY,  NOVEMBER  27,   1917. 


Messrs.  Graumann,  John 
.     Green,  Thomas  H. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Lane,  D wight  F. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abher  S. 
Merrill,  George  Fry e 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 


Messrs.  Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslbw,  Guy  M. 


132  yeas;  140  nays. 


amendment. 


Therefore  the  amendment  was  rejected. 

The  following  pending  amendment,  moved  by  Mr.  Morrill  of  Mr- 
Haverhill,  was  rejected,  by  a  vote  of  18  to  80:   That  the  resolu- 
tion recommended    as    a   substitute  by  the  committee  on  Form 
and  Phraseology  be  amended  by  striking  out  lines  350,  351  and 
352,  and  inserting  in  place  thereof  the  following  paragraph:  — 

"  Not  more  than  fifty  per  cent  of  the  certified  signatures  on 
any  petition  shall  be  those  of  registered  voters  of  the  city  of 
Boston  or  of  any  one  county." 

The  following  pending  amendments,  moved  by  Mr.  Washburn  Mr.Washbum, 
of  Middleborough,  were  adopted,  by  a  vote  of  131  to  3:    That  -amendments, 
the  resolution  recommended  as  a  substitute  by  the  committee  on 
Form  and  Phraseology  be  amended  by  inserting,  at  the  beginning 
of   line   360,  the  words  "Except  as  otherwise  herein  provided,"; 
and  by  inserting,  at  the  beginning  of  line  366,  the  words  "Ex- 
cept as  otherwise  herein  provided,". 


588  JOURNAL   OF  THE   CONVENTION, 


pending  amendments,  moved  by  Mr.  Lyman  of 
Easthampton,  were  rejected,  by  a  vote  of  73  to  89:  That  the 
resolution  recommended  as  a  substitute  by  the  committee  on 
Form  and  Phraseology  be  amended  by  striking  out,  in  line  365, 
and  in  lines  369  and  370,  the  word  "approved",  and  inserting  in 
place  thereof,  in  each  instance,  the  word  "rejected". 

There  being  no  objection  Mr.  Harriman  of  New  Bedford  with- 
drew his  pending  amendment  of  lines  383  to  388,  inclusive. 

The  following  pending  amendment,  moved  by  Mr.  Morrill  of 
Haverhill,  was  then  rejected:  That  the  resolution  recommended 
as  a  substitute  by  the  committee  on  Form  and  Phraseology  be 
amended  by  striking  out  lines  385  to  388,  inclusive,  and  inserting 
in  place  thereof  the  following  paragraph:  - 

"The  general  court  may  amend  or  repeal  a  law  approved  by 
the  voters:  provided,  that  such  amendment  or  repeal  shall  be  sub- 
mitted by  the  secretary  of  the  commonwealth  to  the  voters  and 
shall  not  go  into  effect  until  and  unless  approved  by  a  majority 
of  the  voters  voting  thereon." 
Mr.  Harriman,  The  following  pending  amendments,  moved  by  Mr.  Harriman 

—  amendments.  &  f  f  * 

of  New  Bedford,  were  rejected:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phraseol- 
ogy be  amended  by  striking  out,  in  line  393,  the  words  "and 
Article  XLII";  and  by  striking  out,  in  line  394,  the  word  "are", 
and  inserting  in  place  thereof  the  word  "is". 
Mr.  Quincy,—  The  question  then  came  on  the  following  pending  amend- 

amendments.  .    ,         _  _         _     .  „    _,  .^  ,  ,       . 

ments,  moved  by  Mr.  Quincy  of  Boston:  That  the  resolution 
proposed  as  a  substitute  by  the  committee  on  Form  and  Phraseol- 
ogy be  amended  as  follows:  — 

By  inserting  after  line  59  the  following  paragraphs  :  - 
"The  signatures  to  initiative  petitions  hereby  required,  with 
the  exception  of  the  first  ten  signers,  shall  be  made  and  filed  as 
follows:  The  secretary  of  the  commonwealth  shall  print  in- 
dividual signature  cards  upon  which  any  registered  voter  re- 
ceiving the  same  as  herein  provided  may  personally  make  his 
signature,  followed  by  his  address  as  it  appears  upon  the  voting 
list,  in  favor  of  any  initiative  petition  which  he  desires  to  sup- 
port. Each  such  card  shall  identify  by  number  or  otherwise  the 
initiative  petition  for  which  the  signature  is  to  be  given,  shall 
bear  the  seal  of  the  commonwealth  printed  thereon,  or  other 
identifying  mark,  and  shall  be  used  only  for  official  transmission 
by  mail  as  herein  provided.  Any  registered  voter  may  sign  one 
such  signature  card  in  favor  of  each  initiative  petition  which  he 
desires  to  support,  but  each  signature  card  shall  only  be  signed 
by  one  voter  and  for  one  petition. 

"The  secretary  of  the  commonwealth  shall  procure  and  keep 
on  file  the  latest  printed  copies  of  the  voting  lists  of  all  cities 
and  towns,  and  he  shall,  at  the  request  of  any  original  signer  of 
an  initiative  petition  duly  filed,  cause  one  of  such  signature  cards 
to  be  mailed  to  any  list  or  lists  of  voters  which  may  from  time 
to  time  be  specified  or  furnished  by  any  such  signer,  provided 
that  all  expenses  connected  with  such  mailing,  other  than  the 
expense  of  printing  such  signature  cards  and  such  initiative 
measure,  shall  be  deposited  in  advance.  A  copy  of  the  full  text 


I 


TUESDAY,  NOVEMBER  27,  1917.  589 

of  such  initiative  measure  shall  be  printed  by  the  secretary  of 
the  commonwealth  and  enclosed  with  each  signature  card, 
together  with  any  printed  argument  in  support  of  the  same,  and 
any  addressed  return  envelopes  which  may  be  furnished  him  for 
mailing  therewith.  Provision  shall  be  made  by  law  to  regulate 
the  length  of  any  such  argument  and  for  allowing  opponents  of 
such  initiative  measure  an  opportunity,  by  depositing  one- 
half  of  the  expense  of  mailing  as  aforesaid,  exclusive  of  the 
expense  of  furnishing  such  addressed  return  envelopes,  to  have 
printed  arguments  in  opposition  to  such  measure  enclosed  with 
such  signature  cards.  Instead  of  mailing  such  cards  the  secretary 
of  the  commonwealth  shall,  at  the  request  of  any  such  original 
signer,  furnish  and  send  to  any  clerk  of  a  city  or  town  a  suffi- 
cient number  of  signature  cards  for  the  registered  voters  of  such 
city  or  town,  and  such  clerk  shall,  upon  the  deposit  of  the  ex- 
penses aforesaid,  thereupon  have  the  same  duty  in  respect  to  the 
mailing  of  such  signature  cards  and  other  printed  matter  as 
herein  provided  in  respect  to  said  secretary. 

"As  an  additional  method  of  giving  his  signature  and  support  Mr.  Quincy,— 
to  any  initiative  petition,  any  registered  voter  may  express  in  his 
own  handwriting  upon  a  paper  or  card  personally  signed  by  him, 
with  his  address  as  aforesaid,  and  bearing  the  signature  and 
address  of  a  witness,  his  desire  to  sign  in  favor  of  any  one  initia- 
tive petition  designated  therein  by  number  or  other  sufficient 
description,  and  such  paper  or  card  when  received  by  the  clerk 
of  the  city  or  town  in  which  such  voter  is  registered  as  a  voter' 
shall  constitute  a  signature  to  such  petition;  and  any  such  voter 
may  sign  one  such  paper  or  card  in  favor  of  each  initiative  peti- 
tion which  he  desires  to  support. 

"In  addition  to  the  two  methods  of  signing  initiative  petitions 
above  provided,  any  registered  voter  may  give  his  signature 
therefor  in  the  presence  of  the  clerk  of  the  city  or  town  in  which 
he  is  a  registered  voter,  or  of  any  assistant  in  his  office,  and  the 
secretary  of  the  commonwealth  shall  furnish  to  every  city  or 
town  clerk  an  official  blank  for  such  signatures. 

"Any  such  official  signature  card  or  unofficial  paper  or  card 
when  executed  as  herein  provided  may  be  delivered  by  mail  or 
otherwise  either  to  the  secretary  of  the  commonwealth  or  to  the 
clerk  of  the  city  or  town  in  which  the  signer  of  the  same  is  a 
registered  voter,  and  when  so  received  shall  be  open  for  public 
inspection.  If  the  name  and  residence  signed  to  any  such  card 
or  paper  corresponds  to  the  name  and  residence  of  a  registered 
voter,  and  if  such  card  or  paper  appears  to  be  executed  as 
herein  required,  the  same  shall  be  placed  on  file,  otherwise  it 
shall  be  rejected.  If  the  officer  with  whom  such  card  or  paper 
is  filed  believes,  from  evidence  offered  to  him,  that  there  is 
substantial  reason  to  doubt  the  genuineness  of  the  signature  to 
any  such  card  or  paper  he  may  reject  the  same,  unless  satisfac- 
tory evidence  to  establish  such  genuineness  is  furnished.  The 
name  of  each  signer  of  any  such  card  or  paper  or  blank  shall 
be  checked  on  the  voting  list,  so  that  the  same  voter  shall  not 
be  counted  more  than  once  in  support  of  any  one  petition. 

"  When  the  time  for  filing  signatures  as  fixed  herein  shall  expire 

ch  city  or  town  clerk  with  whom  any  such  official  signature 


590  JOURNAL   OF   THE   CONVENTION, 

cards  or  any  such  unofficial  papers  or  cards  have  been  filed,  or 
who  has  in  his  office  any  of  the  petition  blanks  furnished  as 
aforesaid  with  signatures  of  voters  thereon,  shall  transmit  all  of 
the  same  to  the 'secretary  of  the  commonwealth,  who  shall  pro- 
ceed to  examine  the  same  and  count  all  signatures  which  appear 
to  be  in  conformity  herewith,  and  if  the  number  of  such  signa- 
tures to  any  petition,  together  with  the  number  of  signatures 
thereto  filed  directly  with  the  secretary  of  the  commonwealth, 
equals  the  number  of  signatures  required  to  complete  such  peti- 
tion as  herein  provided,  then  such  petition  shall  be  transmitted 
to  the  general  court  or  submitted  to  the  people,  as  the  case  may 
be,  as  hereinafter  provided."; 
Mr.  Quincy,—  By  inserting  in  line  48,  after  the  word  "shall",  the  words 

amendments.       ((     •          ,  i  ....  ,  •.      1      n ,, 

give  the  petition  a  number  and  shall    ; 

"By  striking  out,  in  lines  60,  61  and  62,  the  words  "If  an  ini- 
tiative petition,  signed  by  the  required  number  of  qualified 
voters,  has  been  filed  as  aforesaid",  and  inserting  in  place  thereof 
the  words  "If  the  required  number  of  signatures  to  an  initiative 
petition  has  been  filed  with  the  secretary  of  the  commonwealth 
as  herein  provided"; 

By  striking  out  lines  152  to  158,  inclusive,  and  inserting  in 
place  thereof  the  words  "is  completed  by  filing  after  the  first 
Wednesday  in  June  aforesaid,  and  before  the  first  Wednesday 
of  the  following  August,  not  less  than  five  thousand  signatures 
of  qualified  voters,  in  addition  to  those  filed  before  the  introduc- 
tion of  such  initiative  petition,  which  signatures  must  have  been 
obtained  after  the  first* Wednesday  of  June  aforesaid,  then";  and 

By  striking  out  lines  184  to  190,  inclusive,  and  inserting  in 
place  thereof  the  words  "by  filing  after  the  first  Wednesday 
in  June  aforesaid,  and  before  the  first  Wednesday  of  the  fol- 
lowing August,  not  less  than  five  thousand  signatures  of  quali- 
fied voters,  in  addition  to  those  filed  before  the  introduction 
of  such  initiative  petition,  which  signatures  must  have  been 
obtained  after  the  first  Wednesday  of  June  aforesaid,  then  the  ". 

Mr.  Churchill  of  Amherst  asked  unanimous  consent  to  move 
to  amend  the  amendments  by  striking  out  the  words  "paper  or" 
and  "or  paper  ",  wherever  they  occur.  Objection  was  made. 

Mr.  Richardson  of  Newton  moved  that  the  amendment  be 
divided,  so  that  the  third  paragraph  of  the  first  amendment 
might  be  put  separately;  and  this  motion  was  negatived,  by  a 
vote  of  66  to  103. 

Mr.  Quincy  then  asked  unanimous  consent  to  move  to  amend 
the  amendment  by  striking  out  the  words  "paper  or"  and  "or 
paper",  wherever  they  occur.  Objection  was  made. 

The  question  was  then  put  on  the  adoption  of  the  amendments, 
and  80  members  voted  in  the  affirmative  and  118  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Hale  of  Boston;  and  on  the  roll  call  76 
members  voted  in  the  affirmative  and  196  in  the  negative,  as 
follows :  — 


TUESDAY,  NOVEMBER  27,  1917. 


591 


YEAS. 


Messrs.  Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Barrett,  James  T. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bergengren,  Roy  F. 
Boucher,  Joseph  Zoel 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Brown,  E.  Gerry 
Clark,  Ezra  W. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 


Messrs.  MacMaster,  Edward  A. 
Mansfield,  John  J. 
McCarthy,  Charles  F. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Newton,  H.  Huestis 
O'Connor,  John  D. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Smith,  Rutherford  E. 
Sullivan,  William  H. 
Swig,  Louis 
TheUer,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Whitehead,  James 
Willett,  George  Franklin 
Winslow,  Guy  M. 


NAYS. 


Messrs 


Adams,  Brooks 
Adams,  Charles  Francis 
Adams,  Scott 
Adams,  Smith  J. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Begley,  John  S. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bouve,  Walter  L. 


Messrs.  Bowen,  Patrick 

Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  Samuel  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 


592 


JOURNAL   OF   THE   CONVENTION, 


Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  William  R. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flynn,  Maurice  R. 
French,  Asa  P. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Haines,  Benjamin  F. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Keliher,  John  A. 


Messrs.  Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
.  Kerr,  Alexander 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCormack,  John  W. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 


TUESDAY,  NOVEMBER  27,  1917. 


593 


Messrs.  Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underhill,  Charles  L. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 


Messrs.  Wheeler,  William 

Whipple,  Sherman  L. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 
Wood,  Charles  J. 
Youngman,  William  S. 


76  yeas;  196  nays. 

Therefore  the  amendments  were  rejected. 

There  being  no  objection  Mr.  Quincy  then  withdrew  his  pend- 
ing  amendment  of  lines  168  to  192,  inclusive. 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Pillsbury  of  Wellesley:  That  the  resolution  rec- 
ommended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  the  substitution  of  the  following:  "Resolu- 
tion to  provide  for  establishing  the  popular  initiative  and  refer- 
endum. 

"The  legislature  shall  provide  for  the  enactment  and  repeal  of 
statutes  by  the  method  known  as  the  popular  initiative  and  refer- 
endum, under  such  conditions  and  forms  of  procedure  as  it  may 
prescribe." 

And  106  members  voted  in  the  affirmative  and  123  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Churchill  of  Amherst;  and  on  the  roll  call 
123  members  voted  in  the  affirmative  and  156  in  the  negative,  as 
follows:  — 

YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve',  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 


Messrs.  Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 


594 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Lane,  Daniel  W. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  George  S. 
Parker,  Herbert 
Parkman,  Henry 


Messrs.  Adams,  Brooks 

Adams,  Smith  J.  ^ 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 


.  Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P, 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 


TUESDAY,  NOVEMBER  27,  1917. 


595 


Messrs.  Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale.  Matthew 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 


Messrs.  Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


123  yeas;  156  nays. 


Therefore  the  amendment  was  rejected. 

Mr.  Hale  of  Boston  then  moved  that  the  Convention  continue  Proposed 
in  session  until  the  remaining   substitutes  for  the  resolution  rec-  reces3> 
ommended   by  the   committee   on  Form   and   Phraseology,   and 
said  resolution,  are  voted  on,  and  then  take  a  recess,  pending 
the  report  of  said  committee,  until  half-past  three  o'clock;    and 
this  motion,  after  debate,  was  adopted,  by  a  vote  of  176  to  20. 

The  question  then  came  on  the  following  pending  amendment,  Mr.  Brown,  — 
moved  by  Mr.  Brown  of  Brockton:    That  the  resolution  recom-  amendment- 
mended  as  a  substitute  by  the  committee  on  Form  and  Phrase- 
logy  be  amended  by  the  substitution  of  the  following:    "Reso- 


596 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Brown,— 
amendment. 


lution  to  provide  for  establishing  the  popular  initiative  and  refer- 
endum. 

"The  legislature  shall,  by  statute  law,  at  the  session  follow- 
ing the  acceptance  of  this  amendment,  and  thereafter  as  occa- 
sion may  require,  make  provisions  whereby  the  people  may 
exercise  the  rights  reserved  to  and  by  and  for  the  people  in  the 
bill  of  rights,  especially  articles  V,  VII,  VIII  and  XIX,  including 
the  right  to  initiate  and  control  legislation  as  hereinafter  re- 
quired, and  to  revise,  amend  or  otherwise  alter  the  acts  of  its 
servants  committed  or  to  be  committed  iri  the  exercise  of  the 
functions  or  powers  heretofore  delegated  or  that  may  hereafter 
be  delegated  by  the  people.  Such  statute  shall  also  make  pro- 
vision as  to  the  number  of  signatures  required,  the  form  and 
conditions  under  which  they  shall  be  obtained  and  presented  for 
a  demand  for  legislative  action  upon  any  proposal  thus  sub- 
mitted; and  provision  by  law  shall  also  be  made  whereby  legis- 
lative acts  may  be  submitted  for  review  by  the  people  by  direct 
action  at  the  polls,  exercising  their  powers  herein  and  otherwise 
reserved." 

And  111  members  voted  in  the  affirmative  and  120  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Buttrick  of  Lancaster;  and  on  the  roll  call 
113  members  voted  in  the  affirmative  and  149  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Benton,  Everett  C. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 


Messrs.  Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Howard,  Charles  P. 


TUESDAY,  NOVEMBER  27,  1917. 


597 


Messrs.  Hutchings,  Henry  M. 
Kelley,  George  W. 
Kinney,  William  S. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Parker,  George  S. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Choate,  Charles  F.,  Jr. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 


Messrs.  Robinson,  George  H. 
Shattuck,  Josiah  B. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 


Messrs.  Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost.  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Haines,  Benjamin  F. 
Hale,  Matthew 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny.  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 


598 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Clapp,  — 
amendment. 


Mr.  Lowe,  — 
amendment. 


Mr.  Morrill,  - 
amendment. 


Messrs.  Lane,  D wight  F. 

Langelier,  Louis  F.  R. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 


Messrs.  Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


113  yeas;  149  nays. 

Therefore  the  amendment  was  rejected. 

The  following  pending  amendment,  moved  by  Mr.  Clapp  of 
Lexington,  was  rejected,  by  a  vote  of  71  to  111:  That  the  resolu- 
tion recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  the  substitution  of  a  Resolution  to 
provide  for  establishing  the  popular  initiative  and  referendum 
(Doc.  No.  371). 

The  question  then  came  on  the  following  pending  amendment, 
moved  by  Mr.  Lowe  of  Fitchburg:  That  the  resolution  recom- 
mended as  a  substitute  by  the  committee  on  Form  and  Phrase- 
ology be  amended  by  the  substitution  of  a  Resolution  to  provide 
for  establishing  the  popular  initiative  and  referendum  (Doc.  No. 
372). 

The  same  member  then  asked  unanimous  consent  to  move  to 
amend  his  amendment  by  adding  thereto  all  amendments  which 
have  been  adopted  by  the  Convention.  Objection  was  made. 

The  amendment  was  then  rejected,  by  a  vote  of  76  to  126. 

The  following  pending  amendment,  moved  by  Mr.  Morrill  of 
Haverhill,  was  rejected,  by  a  vote  of  17  to  95:  That  the  resolu- 
tion recommended  as  a  substitute  by  the  committee  on  Form  and 
Phraseology  be  amended  by  the  substitution  of  a  Resolution  to 
provide  for  establishing  the  initiative  and  referendum  (Doc.  No. 
352). 


TUESDAY,  NOVEMBER  27,  1917.  599 

The  pending  amendment,  recommended  by  the  committee  on  Substitute 
Form  and  Phraseology,  —  that  the  resolution  be  amended  by  the  re 
substitution  of  a  Resolution  to  provide  for  establishing  the  popular 
initiative  and  referendum,  and  of  legislative  initiative  of  specific 
amendments  of  the  Constitution  (printed  in  Doc.  No.  370,  changed) 
was  adopted,  as  amended;  and,  under  Rule  28  (as  amended),  it  was 
referred  to  the  committee  on  Form  and  Phraseology. 

At  twenty-four  minutes  after  one  o'clock,  in  accordance  with  Recess, 
the   vote   previously   adopted,   the   President   declared   a   recess 
until   half-past    three    o'clock;     at   which   hour   the    Convention 
reassembled. 

Mr.  Loring  of  Beverly,  for  the  committee  on  Form  and  Phrase-  Committee  on 
ology,  reported  that,  with  the  following   changes,  the  resolution  phraseology, 
would  be  correctly  drawn :  —  —  report. 

Striking  out  in  the  title,  before  the  word  "legislative",  the 
word  "of",  and  inserting  in  place  thereof  the  word  "the"; 

Inserting  after  the  title  the  following  paragraph:  — 

"Resolved,  That  it  is  expedient  to  amend  the  Constitution  by 
the  adoption  of  the  sub-joined  Article  of  Amendment. " ; 

Transposing  the  position  of  the  paragraphs  inserted  by  amend- 
ment after  line  30,  so  that  they  will  appear  after  line  27; 

Striking  out,  in  lines  77,  200  and  211,  the  word  "resolve",  and 
inserting  in  place  thereof,  in  each  instance,  the  word  "resolu- 
tion"; 

Inserting  in  line  130,  after  the  word  "amendment",  the  words 
"or  a  legislative  substitute"; 

Inserting  in  line  138,  after  the  word  "or",  the  words  "if  ap- 
proved,"; 

Striking  out,  in  line  139,  the  words  "if  approved"; 

Inserting  in  line  196,  after  the  word  "provisions",  the  words 
"contained  in  the  measure"; 

Striking  out,  in  line  206,  the  word  "provided",  and  inserting 
in  place  thereof  the  word  "provided"; 

Striking  out  the  comma  after  the  word  "courts",  in  line  254, 
and  after  the  word  "commonwealth",  in  line  257,  and  inserting 
in  place  thereof,  in  each  instance,  a  semicolon. 

Inserting  in  line  359,  before  the  word  "to",  the  words  ",  ex- 
cept as  otherwise  authorized  herein,";  and 

Striking  out,  in  lines  360  and  366,  as  amended,  the  words 
"Except  as  otherwise  herein  provided,". 

Mr.  McCormack  of  Boston,  of  the  same  committee,  submitted 
an  additional  report,  and  recommended  a  further  amendment  of 
the  resolution  (see  Doc.  No.  373)  which  he  asked  unanimous  con- 
sent to  move.  Objection  was  made. 

The  question  then  came  on  passing  the  resolution,  as  amended, 
to  be  engrossed,  and  128  members  voted  in  the  affirmative  and 
112  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and 
nays,  at  the  request  if  Mr.  Walsh  of  Fitchburg;  and  on  the  roll 
call  163  members  voted  in  the  affirmative  and  125  in  the  nega- 
tive, as  follows:  — 


600 


JOUKNAL   OF  THE   CONVENTION, 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bowen,  Patrick 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coakley,  Daniel  H. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Daly,  John  W. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 


Messrs.  Good,  John  P. 

Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Matthew 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P.' 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 


TUESDAY,  NOVEMBER  27,  1917. 


601 


Messrs.  Quincy,  Josiah 

Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brackett,  John  Q.  A. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Ho  well 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 


Messrs.  Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Twomey,  John  C. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Willett,  George  Franklin 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


.  Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Howard,  Charles  P. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Linke,  Fred  R. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 


602 


JOURNAL   OF  THE   CONVENTION, 


Messrs.  Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 


Messrs.  Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


163  yeas;  125  nays. 

Therefore  the  resolution,  as  amended  (see  Doc.  No.  373),  was 
passed  to  be  engrossed. 

Mr.  Walker  of  Brookline  moved  that  the  Orders  of  the  Day  be 
laid  on  the  table;  and  this  motion  prevailed. 


Manner  of 
placing  the 
resolution  on 
the  ballot. 


Filling  of 
vacancies  in 
the  member- 
ship of  the 
Convention. 


Mr.  Dean,  - 
amendment. 


Initiative  and  Referendum  —  Placing  on  the  Ballot. 

Mr.  Walker  then  moved  that  the  committee  on  Rules  and  Pro- 
cedure and  the  committee  on  Amendment  and  Codification  of 
the  Constitution,  sitting  jointly,  be  requested  to  report,  as  soon 
as  possible,  an  order  directing  the  manner  in  which  the  proposal 
for  establishing  the  initiative  and  referendum  shall  be  submitted 
to  the  people  for  their  ratification  and  adoption  at  the  state 
election  in  the  year  1918;  and  this  motion  prevailed. 

Orders  of  the  Day. 

On  further  motion  of  Mr.  Walker  the  Orders  of  the  Day  were 
taken  from  the  table. 

The  report  of  the  committees  on  Elections  and  Rules  and 
Procedure,  sitting  jointly,  who  were  requested  (by  an  order 
offered  by  Mr.  Harriman  of  New  Bedford  and  adopted  on 
November  1)  to  consider  the  advisability  of  making  provision 
for  the  filling  of  vacancies  in  the  membership  of  the  Convention, 
—  that  it  is  inadvisable  at  the  present  time  for  the  Convention 
to  take  action  in  this  matter,  —  was  considered. 

Mr.  Dean  of  Fall  River  moved  that  the  report  be  amended  by 
the  substitution  of  the  following  order:  — 

Ordered,  That  vacancies  in  the  Convention,  caused  by  the  res- 
ignation or  death  of  any  of  its  members,  shall  be  filled  as  fol- 
lows: — 

(a)  If  such  vacancy  shall  be  of  a  member  elected  at  large, 
the  remaining  members  elected  at  large  shall  select  a  person  to 
fill  such  vacancy. 

(b)  If  such  vacancy  shall  be  of  a  member  elected  from  a  con- 
gressional district,  the  remaining  members  from  the  congressional 
district  shall  select  a  person  to  fill  such  vacancy. 


TUESDAY,  NOVEMBER  27,  1917.  603 

(c)  If  such  vacancy  shall  be  of  a  member  elected  from  a  legis- 
lative district,  the  remaining  members  elected  from  legislative 
districts  in  the  same  county  shall  select  a  person  to  fill  such 
vacancy;  provided,  however,  that  the  member  chosen  shall  be 
resident  of  the  legislative  district  in  which  the  vacancy  occurs. 
In  filling  such  vacancies  the  counties  of  Dukes  County,  Nan- 
tucket  and  Barnstable  shall  be  treated  as  one  county. 

The  appointment  to  fill  a  vacancy  shall  be  made  by  the  mem- 
bers of  the  respective  groups,  or  by  a  majority  of  them,  and  shall 
be  in  writing.  Such  written  appointments  shall  become  a  part 
of  the  records  of  the  Convention. 

Mr.  George  of  Haverhill  moved  that  the  further  consideration 
of  the  report  be  postponed  until  the  next  session;  and  this  motion 
prevailed. 

The  report  of  the  committee  on  Rules  and  Procedure  and  the  Appropriation 
committee  on  Contingent  Expenses  and  Pay-Roll,  acting  jointly,  Generafcourt 
who   were  requested    (by   a   motion   of   Mr.   Sullivan   of   Salem,  of  1918- 
amended   and   adopted   on   November    14)    to   inquire   into   the 
matter  of  securing  from  the  General  Court  of  1918  a  sufficient 
appropriation  to  cover  the  deficits  already  accrued  at  this  session, 
and  the  estimated  expenses  of  the  sessions  of  the  Convention  to 
be  held  in  1918,  —  that  it  is  inadvisable  at  the  present  time  for 
the  Convention  to  take  action  in  this  matter, — was  considered; 
and  after  debate  the  report  was  accepted. 


At  sixteen  minutes  after  four  o'clock,  on  motion  of  Mr.  Thomp-  Adjournment, 
son  of  Haverhill,  the  Convention  adjourned,  to  meet  to-morrow 
at  half-past  ten  o'clock  A.M. 


JOURNAL   OF  THE   CONVENTION, 


WEDNESDAY,  November  28,  1917. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Fletcher  D.  Parker  of  New  Bed- 
ford. 

President  to  Serve  on  Committees  Appointed  During  the  Recess. 

Mr.  Brackett  of  Arlington  offered  the  following  order:  — 
Ordered,    That   the  President  of  the   Convention   serve   as   a 
member  and  chairman  of  all  committees  appointed  by  him  dur- 
ing the  recess. 

After  debate  the  order  was  adopted. 

Compensation  of  the  Secretaries. 

On  motion  of  Mr.  Williams  of  Brookline,  — 

Ordered,  That  the  Secretary  and  Assistant  Secretary  of  the 
Convention  be  allowed  additional  compensation  in  the  amount 
of  fifty  per  cent  of  the  sum  originally  provided,  —  in  considera- 
tion of  the  length  of  the  session  just  closing  and  of  the  clerical 
work  remaining  to  be  done. 

Recognition  of  Loyalty  of  Citizens  under  Arms. 

The  following  resolutions,  presented  by  Mr.  Bailey  of  Newbury, 
were  unanimously  adopted :  — 

Resolved,  That,  as  the  members  of  the  Convention  now  dis- 
charged of  the  labors  here  incumbent  upon  them  are  about  to 
depart  to  their  homes,  they  record  their  grateful  recognition  of 
the  devoted  and  courageous  loyalty  of  those  of  their  fellow  citi- 
zens who  are  under  arms  in  the  service  of  their  country  for  the 
defense  and  preservation  of  the  institutions  of  human  liberty 
upon  which  the  Constitution  of  our  Commonwealth  is  founded; 
and  be  it  further 

Resolved,  That  the  members  of  the  Convention  pledge  anew 
their  unfaltering  support  in  sacrifice  or  service  to  the  just  cause 
of  humanity  in  which  our  nation  has  enlisted,  and  for  which  the 
gallant  sons  of  Massachusetts  have  offered  their  lives. 

Care  of  Property  of  the  Delegates. 

The  following  order  (offered  by  Mr.  Leonard  of  Boston),  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered:  — 

Ordered,  That  the  Sergeant-at-Arms  be  instructed  to  impound 
the  manuscripts,  pamphlets  and  other  articles  of  personal  prop- 
erty of  the  delegates,  found  in  their  desks  and  lockers  at  the  close 


WEDNESDAY,  NOVEMBER  28,  1917.  605 

of  the  sitting  of  the  Convention  for  the  current  year,  and  pre- 
serve the  same  until  the  reconvening  of  the  Convention. 

Mr.  Luce  of  Waltham  moved  that  the  order  be  amended  by  Mr.  Luce,— 
the  substitution  of  the  following  order:  — 

Ordered,  That  the  Sergeant-at-Arms  be  instructed  to  forward 
to  such  addresses  as  may  be  furnished  by  members,  the  manu- 
scripts, pamphlets  and  other  articles  of  personal  property  of  the 
delegates  found  in  their  desks  and  lockers  at  the  close  of  the 
sitting  of  the  Convention  for  the  current  year,  or  if  such  for- 
warding is  not  directed,  to  impound  and  preserve  the  same  until 
the  reconvening  of  the  Convention. 

After  debate  Mr.  Leonard  accepted  the  amendment,  there  being 
no  objection;  and  the  order,  as  thus  modified,  was  adopted. 

Committee  on  Rules  and  Procedure  —  Expenses. 

The  following  order  (offered  by  Mr.  Luce  of  Waltham),  the 
consideration  of  which  was  postponed  from  the  last  session,  was 
considered:  — 

Ordered,    That    the    committee    on    Rules    and    Procedure    be  Committee  on 
authorized,  during  the  recess  of  the  Convention,  to  incur  such  Procedure,— 
expenses  as  it  may  deem  necessary  for  printing,  mailing,  clerical  expenses. ' 
assistance,   or  other  purposes  connected  with  the  work  of  the 
Convention. 

After  debate  the  order  was  adopted. 

Special  Committee  to  Consider  Economic,  Industrial  and  Military 

Problems. 

On  motion  of  Mr.  Adams  of  Quincy  the  following  order  (offered 
by  that  member  on  November  22)  was  taken  from  the  table:  — 

Ordered,  That  this  Convention  appoint  its  President  to  serve  Special  recess 
during  the  approaching  recess  as  chairman  of  a  committee  whose 
duty  it  shall  be  to  consider,  and  to  report  upon  to  this  Conven-  j 
tion  when  it  shall  reconvene,  those  economic,  industrial  and  mili-  problems. 
tary  problems  which  are  being  evolved  here  and  elsewhere  by  the 
present  war,   and   problems   which,   in  their  judgment,   directly 
concern  the  future  development  of  this  country  and  this  Com- 
monwealth; and  be  it  further 

Ordered,   That  the  chairman   thereof  shall   appoint  the  othe 
members   of   said   committee,    who   shall   not   exceed   fifteen   in 
number,  and  who  shall  serve  without  pay. 

After  debate  the  order  was  rejected,  by  a  vote  of  58  to  122. 

Absence  of  Members  Without  Leave. 

On  motion  of  Mr.  Feiker  of  Northampton  the  following  order 
(offered  by  that  member  on  November  1)  was  taken  from  the 
table:  — 

Ordered,    That  any   member  of  the   Convention  who  absents  Absentees 
himself  for  more  than  two  days  without  leave  as  provided  in 


satisfaction. 


606 


JOURNAL   OF  THE   CONVENTION, 


Rule  13  be  required  to  make  satisfaction  therefor  as  provided 
in  Rule  20. 

There  being  no  objection  Mr.  Feiker  then  withdrew  the  order. 


Initiative  and 
referendum,  — 
submission 
to  the  people. 


Initiative  and 
referendum,  — 
printing  in 
final  form. 


Initiative  and  Referendum  Submitted  to  the  People. 

The  President  stated  that,  under  the  vote  of  the  Convention 
on  October  23,  providing  that  until  adjournment  the  Resolution 
to  provide  for  establishing  the  initiative  and  referendum  shall, 
whenever  upon  the  Calendar,  take  precedence  over  all  other 
matters  in  the  Orders  of  the  Day,  he  would  forthwith  lay  before 
the  Convention  the  engrossed  Resolution  to  provide  for  estab- 
lishing the  popular  initiative  and  referendum,  and  the  legislative 
initiative  of  specific  amendments  of  the  Constitution  (see  Doc. 
No.  373). 

The  Convention  then  voted  to  submit  the  resolution  to  the 
people. 

Initiative  and  Referendum  Ordered  Printed. 

Mr.  Walker  of  Brookline  moved  that  there  be  printed  5,000 
copies  of  the  Resolution  to  provide  for  establishing  the  popular 
initiative  and  referendum,  and  the  legislative  initiative  of  specific 
amendments  of  the  Constitution  (see  Doc.  No.  373),  as  passed 
to  be  submitted  to  the  people. 

On  motion  of  the  same  member  the  provisions  of  the  order 
adopted  on  June  21,  providing  that  all  motions  for  printing  shall 
be  referred  to  the  committee  on  Rules  and  Procedure,  were  sus- 
pended; and  the  motion  to  print  the  resolution  was  then  adopted. 
(See  Doc.  No.  375.) 


Manner  of 
placing  the 
resolution  on 
the  ballot. 


Placing  on  the  Ballot  the  Resolution  to  Provide  for  Establishing  the 
Initiative  and  Referendum. 

Mr.  Washburn  of  Middleborough,  for  the  committee  on  Rules 
and  Procedure  and  the  committee  on  Amendment  and  Codifica- 
tion of  the  Constitution,  sitting  jointly,  who  were  requested  (by 
a  vote  of  the  Convention  at  the  preceding  session)  to  report  an 
order  directing  the  manner  in  which  the  proposal  for  establishing 
the  initiative  and  referendum  shall  be  submitted  to  the  people 
for  their  ratification  and  adoption  at  the  state  election  in  the 
year  1918,  —  reported  recommending  the  adoption  of  the  follow- 
ing order  (see  Doc.  No.  374) :  — 

Ordered,  That  the  following  Article  of  Amendment  of  the 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  one, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion by  printing  the  same  upon  the  official  ballots  to  be  prepared 
and  transmitted  by  the  Secretary  of  the  Commonwealth  to  all 
polling  places  established  by  law  within  the  Commonwealth  for 
the  state  election  to  be  held  on  the  fifth  day  of  November  next, 
at  which  said  places  all  persons  qualified  to  vote  for  state  officers 
may  give  in  their  vote  by  ballot  for  or  against  said  Article  of 
Amendment  in  the  following  form,  to  wit: 


i 


WEDNESDAY,  NOVEMBER  28,  1917.  607 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No: 

Shall  the  Article  of  Amendment  relative  to  the  establishment 
of   the   popular  initiative   and   referendum   and   the 
legislative  initiative    of   specific   amendments    of  the 
Constitution,  submitted  by  the  Constitutional  Con- 
vention, be  approved  and  ratified?  " 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to'  the  votes 
returned,  examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

Pending  the  question  on  the  adoption  of  the  order  it  was  laid 
on  the  table,  on  motion  of  Mr.  Washburn. 

Subsequently  the  order  was  taken  from  the  table,  on  motion 
of  the  same  member,  and  was  considered  further. 

Mr.  Walker  of  Brookline  moved  that  the  order  be  amended  Mr.  Walker,— 
as  follows  (see  Doc.  No.  374): — 

By  striking  out,  in  line  1,  the  word  "following"; 

By  inserting  after  the  word  "Commonwealth",  in  line  2,  the 
words  ",  to  provide  for  establishing  the  popular  initiative  and 
referendum,  and  the  legislative  initiative  of  specific  amendments 
of  the  Constitution";  and 

By  striking  out,  in  line  5,  the  word  "same",  and  inserting  in 
place  thereof  the  words  "following  question". 

Mr.  Underhill  of  Somerville  moved  that  the  order  be  amended  Mr.  Underbill, 
by  inserting,  after  line  21,  the  full  text  of  the  Resolution  to  pro-  ~ 
vide  for  establishing  the  popular  initiative  and  referendum,  and 
the  legislative  initiative  of  specific  amendments  of  the  Constitu- 
tion (printed  in  Doc.  No.  373). 

After  debate  Mr.  Balch  of  Boston  moved  that  the  order  be  Mr.  Baich,— 

amended  as  follows:  —  amendments. 

By  striking  out,  in  line  17,  the  words  "the  popular",  and  in- 
serting in  place  thereof  the  word  "an"; 

By  inserting  in  line  18,  after  the  word  "referendum",  the 
word  "system";  and 

By  striking  out,  in  lines  18  and  19,  the  words  "and  the  legis- 
lative initiative  of  specific  amendments  of  the  Constitution". 

After  further  debate  the  previous   question  was    ordered,   on  Previous 
motion  of  Mr.   Horgan  of  Boston. 


608  JOURNAL  OF  THE  CONVENTION, 

The  amendments  moved  by  Mr.  Walker  were  then  adopted; 
the  amendments  moved  by  Mr.  Balch  were  rejected;  and  the 
amendment  moved  by  Mr.  Underbill  was  rejected,  by  a  vote  of 
30  to  128. 

The  order,  as  amended,  was  then  adopted,  as  follows:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  to  provide  for  establishing  the  popular 
initiative  and  referendum,  and  the  legislative  initiative  of  specific 
amendments  of  the  Constitution,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  one, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion by  printing  the  following  question  upon  the  official  ballots 
to  be  prepared  and  transmitted  by  the  Secretary  of  the  Com- 
monwealth to  all  polling  places  established  by  law  within  the 
Commonwealth  for  the  state  election  to  be  held  on  the  fifth  day 
of  November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to  wit: 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No: 

Shall  the  Article  of  Amendment  relative  to  the  establishment 
of  the  popular  initiative  and  referendum  and  the  leg- 
islative  initiative  of  specific  amendments  of  the  Con- 
stitution, submitted  by  the  Constitutional  Conven- 
tion, be  approved  and  ratified?  " 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  rePort  of   the   committees   on   Elections   and   Rules   and 
tion,  — filling     Procedure,    sitting   jointly,    who   were   requested    (by   an    order 
offered  by  Mr.  Harriman  of  New  Bedford  and  adopted  on  No- 
vember 1)  to  consider  the  advisability  of  making  provision  for 
the  filling  of  vacancies  in  the  membership  of  the  Convention,  — 


WEDNESDAY,  NOVEMBER  28,  1917.  609 

that  it  is  inadvisable  at  the  present  time  for  the  Convention  to 
take  action  in  this  matter,  —  was  considered. 

The  question  first  came  on  the  following  pending  amendment,  Mr.  Dean,— 
moved  by  Mr.  Dean  of  Fall  River:   That  the  report  be  amended  ai 
by  the  substitution  of  the  following  order:  — 

Ordered/  That  vacancies  in  the  Convention,  caused  by  the 
resignation  or  death  of  any  of  its  members,  shall  be  filled  as 
follows:  — 

(a)  If  such  vacancy  shall  be  of  a  member  elected  at  large, 
the  remaining  members  elected  at  large  shall  select  a  person  to 
fill  such  vacancy. 

(b)  If  such  vacancy  shall  be  of  a  member  elected  from  a  con- 
gressional   district,    the   remaining    members   from    the    congres- 
sional district  shall  select  a  person  to  fill  such  vacancy. 

(c)  If  such  vacancy  shall  be  of  a  member  elected  from  a  legis- 
lative district,   the  remaining  members  elected  from  legislative 
districts  in  the  same  county  shall  select  a  person  to  fill  such 
vacancy;    provided,  however,  that  the  member  chosen  shall  be 
resident  of  the  legislative  district  in  which  the  vacancy  occurs. 
In  filling  such  vacancies  the  counties  of  Dukes  County,  Nan- 
tucket  and  Barnstable  shall  be  treated  as  one  county. 

The  appointment  to  fill  a  vacancy  shall  be  made  by  the  mem- 
bers of  the  respective  groups,  or  by  a  majority  of  them,  and 
shall  be  in  writing.  Such  written  appointments  shall  become 
a  part  of  the  records  of  the  Convention. 

After  debate  Mr.  Underhill  of  Somerville  moved  the  previous  Pre^us 
question;    and  this  motion,  after  further  debate,  was  adopted. 

The  amendment  moved  by  Mr.  Dean  was  then  rejected;  and 
the  report  was  accepted. 

The  order  providing  that  the  sum  of  fifty  dollars  be  paid  to  Compensation 
each  porter  that  the  Sergeant-at-Arms  shall  certify  has  been  in  watchmen  and 
attendance  in  and  about  the  chamber,  rooms  and  corridors  oc-  scrubwomen, 
cupied  by  the  members  of  the  Convention  and  in  the  employ  of 
the  Commonwealth,  as  extra  compensation  for  additional  work 
performed,  was  then  considered. 

The  pending  amendment,  moved  by  Mr.  Twomey  of  Lawrence 
(that  the  pending  amendment  moved  by  Mr.  Underhill  of  Somer- 
ville be  amended  by  adding  after  the  word  "watchman"  the 
words  "and  each  scrubwoman")  was  adopted,  by  a  vote  of  98 
to  59. 

The  pending  amendment,  moved  by  Mr.  Underhill  of  Somer- 
ville (that  the  order  be  amended  by  adding  after  the  word 
"porter"  the  words  "and  each  watchman")  was  adopted,  as 
amended. 

The  order,  as  amended,  was  then  adopted  as  follows:  — 

Ordered,  That  the  sum  of  fifty  dollars  be  paid  to  each  porter 
and  each  watchman  and  each  scrubwoman  that  the  Sergeant- 
at-Arms  shall  certify  has  been  in  attendance  in  and  about  the 
chamber,  rooms  and  corridors  occupied  by  the  members  of  the 
Convention  and  in  the  employ  of  the  Commonwealth,  as  extra 
compensation  for  additional  work  performed. 

The  report  of  the  committee  on  Contingent  Expenses  and  Pay-  Matron  of  the 
Roll,  who  were  instructed  (by  an  order  offered  by  Mr.  George  of 


610 


JOURNAL  OF  THE  CONVENTION, 


Mr.  George,  — 
amendment. 


Haverhill  and  adopted  on  November  7)  to  consider  the  expedi- 
ency of  providing  compensation  for  the  matron  of  the  State 
House,  —  that  no  action  is  necessary  at  this  time,  —  was  con- 
sidered. 

Mr.  George  of  Haverhill  moved  that  the  report  be  amended  by 
striking  out  the  words  "no  action  is  necessary  at  this  time",  and 
inserting  in  place  thereof  the  words  "the  matron  of  the  State 
House  be  allowed  one  hundred  dollars  for  extra  services  on  ac- 
count of  the  present  session  of  the  Convention". 

After  debate  the  amendment  was  rejected,  by  a  vote  of  51 
to  81. 

Mr.  Mahoney  of  Boston  then  moved  that  the  report  be 
amended  by  striking  out  the  words  "no  action  is  necessary  at 
this  time",  and  inserting  in  place  thereof  the  words  "the  matron 
of  the  State  House  be  allowed  fifty  dollars  for  extra  services  on 
account  of  the  present  session  of  the  Convention". 

After  debate  this  amendment  was  adopted,  by  a  vote  of  99  to 
19;  and  the  report,  as  amended,  was  accepted. 

Compensation  of  Porters,  Watchmen  and  Scrubwomen. 

Mr.  Wonson  of  Gloucester  moved  that  the  foregoing  vote  be 
reconsidered  by  which  the  Convention  adopted  the  following 
order:  — 

Ordered,  That  the  sum  of  fifty  dollars  be  paid  to  each  porter 
watchmen  and  and  each  watchman  and  each  scrubwoman  that  the  Sergeant-at- 
Arms  shall  certify  has  been  in  attendance  in  and  about  the 
chamber,  rooms  and  corridors  occupied  by  the  members  of  the 
Convention  and  in  the  employ  of  the  Commonwealth,  as  extra 
compensation  for  additional  work  performed. 

The  same  member  moved  that  Rule  48  be  suspended,  in  order 
that  the  motion  to  reconsider  might  be  considered  forthwith; 
and  this  motion  was  negatived. 

Accordingly,  under  the  rule,  the  motion  to  reconsider  was 
placed  first  in  the  Orders  of  the  Day  for  the  next  session. 


scrubwomen. 


Second 
legislative 


Second  Legislative  Session. 

Mr.  Lomasney  of  Boston  moved  that  the  Convention  adjourn, 
to  reassemble  immediately  for  another  legislative  session;  and 
this  motion  was  adopted,  by  a  vote  of  124  to  45. 

Accordingly,  at  nine  minutes  after  one  o'clock,  the  Convention 
adjourned,  to  meet  again  immediately. 


Motion  to 
adjourn. 


SECOND  SESSION. 
Met  according  to  adjournment. 

Proposed  Adjournment. 

Mr.  Parkman  of  Boston  moved  that  the  Convention  adjourn, 
subject  to  the  call  of  the  President,  as  provided  in  the  order 
adopted  on  October  23;  and  this  motion  was  negatived,  by  a 
vote  of  88  to  114. 


WEDNESDAY,  NOVEMBER  28,  1917.  611 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  motion  of  Mr.  Wonson  of  Gloucester,  that  the  vote  be  re-  Compensation 
considered  by  which  the  Convention,  at  the  preceding  session,  Watchmen  and 
adopted  the  order  providing  that  the  sum  of  fifty  dollars  be  paid  scrubwomen. 
to  each  porter,  watchman  and  scrubwoman  that  the  Sergeant-at- 
Arms  shall  certify  [A]  has  been  in  attendance  in  and  about  the 
chamber,  rooms  and  corridors  occupied  by  the  members  of  the 
Convention  and  in  the  employ  of  the  Commonwealth,  as  extra 
compensation  for  additional  work  performed,  —  was  considered; 
and  after  debate  the  motion  to  reconsider  was  adopted,  by  a  vote 
of  112  to  68. 

After  debate  on  the  recurring  question,  Mr.  Lomasney  of  Boston  Mr.  Lomasney, 
moved  that  the  order  be  amended  by  striking  out,  at  "A",  the  -amendment, 
word  "has",  and  inserting  in  place  thereof  the  words  "as  having 
performed  extra  service  and  as  having". 

Mr.  Sullivan  of  Salem  moved  that  the  order  be  amended  by  the  Mr.  Sullivan,  — 
substitution  of  the  following  order:  —  amendment. 

Ordered,  That  the  sum  of  fifty  dollars  be  paid  to  such  porters, 
watchmen  and  scrubwomen  as  the  Sergeant-at-Arms  shall  certify 
to  having  performed  extra  and  regular  service,  and  as  having 
been  in  attendance  in  and  about  the  chamber,  rooms  and  cor- 
ridors occupied  by  the  members  of  the  Convention,  and  in  the 
employ  of  the  Commonwealth,  as  compensation  for  additional 
work  performed. 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 

Mr.  Lomasney  then  withdrew  his  pending  amendment,  there 
being  no  objection. 

The  amendment  moved  by  Mr.  Sullivan  was  then  adopted; 
and  the  order,  as  thus  amended,  was  adopted. 

Adjournment  Until  1918. 

Mr.  Luce  of  Waltham  moved  that,  under  the  provisions  of  the  Adjournment 
order  adopted  on  October  23,  the  Convention  adjourn  until  called  until  1918- 
by  the  President  or  Secretary  to  meet  not  later  than  within  ten 
days  after  the  prorogation  of  the  General  Court  of  1918;    and 
this  motion  prevailed. 

Accordingly,  at  four  minutes  before  two  o'clock  P.M.,  the  Con- 
vention adjourned. 


SESSION  OF  1918 


JOURNAL  OF  THE  CONVENTION. 


I 


WEDNESDAY,  June  12,  1918. 

Pursuant  to  a  call  issued  by  the  President  of  the  Convention, 
under  authority  of  an  order  adopted  on  October  23,  1917,  the 
members  of  the  Convention  reassembled  in  the  chamber  of  the 
House  of  Representatives,  and  were  called  to  order  at  four 
minutes  past  one  o'clock  P.M.  by  the  President. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Remarks  by  the  President. 

Gentlemen  of  the  Convention:  —  As  I  have  to  report  to  you  on  Remarks  by 
the  discharge  of  one  or  two  official  duties  during  the  interim,  it  the  Presldent- 
may  not  be  inappropriate  for  me  to  do  so  now.     In  accordance 
with   the   authority   conferred   upon   me   I  have   called   you  to- 
gether at  this  time  to  continue  the  discharge  of  the  high  duties 
laid  upon  you  by  the  people  of  the  Commonwealth. 

It  gives  me  great  pleasure  to  meet  with  you  again;  and  in 
making  this  statement  I  am  confident  I  but  voice  the  expression 
to  which  you  would  all  give  utterance,  each  to  the  other,  if 
opportunity  were  offered.  Our  nearly  six  months'  previous  as- 
sociation together  left  no  resultant  ill-feeling  from  the  heat  of 
debate,  but  on  the  contrary  bound  us  together  with  a  cement  of 
friendship  that  persists  and  will  persist  to  the  end  of  life. 

We  do  not  gather  with  unbroken  ranks,  for  two  of  our  mem- 
bers, Walter  F.  Russell  of  Brockton  and  Dana  Malone  of  Green- 
field, passed  beyond  the  Great  Divide  during  the  previous  ses- 
sion of  the  Convention;  and  during  the  interim  they  have  been 
followed  by  J.  Warren  Bailey  of  Somerville  and  John  Q.  A. 
Brackett  of  Arlington,  men  known  and  honored  in  this  Com- 
monwealth, and  in  respect  to  whose  memory  you  will  take  appro- 
priate action.  We  shall  also  miss  ten  other  men  who  are  di- 
rectly engaged  in  the  great  war,  either  in  the  army  or  in  the 
navy,  in  defence  of  their  country  and  its  principles,  namely: 
Charles  S.  Bird,  Jr.,  of  Walpole,  Charles  P.  Curtis,  Jr.,  of 
oston,  Theodore  W.  Ellis  of  Springfield,  Charles  P.  Howard  of 
ding,  Daniel  J.  Marshall  of  Worcester,  Daniel  A.  Martin  of 

olyoke,  George  H.  McCaffrey,  Jr.,  of  Boston,  John  L.  Murphy 
of  Chelsea,  Augustus  W.  Perry  of  Boston,  and  Henry  H. 
Wheelock  of  Fitchburg.  There  remain,  therefore,  but  306  active 
members  of  the  Convention. 

Acting  under  your  authority  I  appointed  during  the  interim  a 
special  recess  committee  charged  with  the  duty  of  making  certain 
that  the  world  war  had  revealed  no  constitutional  problems  for 
the  consideration  of  our  Convention  that  were  not  already  before 
it.  This  committee  consisted  of  Brooks  Adams  of  Quincy, 
Robert  Luce  of  Waltham,  Albert  E.  Pillsbury  of  Wellesley, 
James  M.  Morton  of  Fall  River,  Josiah  Quincy  of  Boston, 


616  JOURNAL  OF  THE  CONVENTION, 

George  F.  Willett  of  Norwood,  Martin  M.  Lomasney  of  Boston, 
George  B.  Churchill  of  Amherst,  Arthur  N.  Harriman  of  New 
Bedford,  Albert  H.  Washburn  of  Middleborough,  Robert  A. 
Dean  of  Fall  River,  Edwin  U.  Curtis  of  Boston,  and  the  Presi- 
dent of  the  Convention. 

^e  comim'ttee  on  Rules  and  Procedure  has  conferred  with  the 
chairmen  of  the  various  committees,  and  in  accordance  with  an 
order  adopted  by  the  Convention  will  present  to  you  recom- 
mendations for  changes  in  the  Convention  rules,  the  adoption 
of  which  it  believes  will  greatly  facilitate  the  more  rapid  trans- 
action of  business  and  thereby  shorten  materially  the  length  of 
the  session. 

The  people  through  the  Legislature  have  indicated  the  ex- 
pectation that  this  Convention  will  continue  its  work  and 
promptly  complete  it.  In  our  former  sessions  there  were  sub- 
mitted for  our  action  a  total  of  308  measures.  Forty-six  of  these 
have  already  been  rejected  by  the  Convention.  Four  amend- 
ments, involving  26  original  proposals,  have  been  passed  by  the 
Convention  for  submission  to  the  people,  namely:  The  so-called 
absent-voting  amendment,  the  anti-aid  amendment,  the  public 
trading  amendment,  and  the  initiative  and  referendum  amend- 
ment. The  first  three  were  adopted  by  the  people  at  the  polls 
at  the  last  state  election  by  overwhelming  votes.  The  last  is 
to  be  submitted  to  the  people  for  approval  or  rejection  at  the 
next  state  election.  Out  of  308  original  proposals  for  amend- 
ment there  have,  therefore,  been  acted  upon  by  the  Convention  a 
total  of  72,  leaving  236  matters  still  awaiting  final  action.  These 
236  matters  are  covered  by  169  reports  of  committees  now  pend- 
ing on  our  docket  and  22  matters  remaining  unreported  by 
committees. 

It  is  believed  that  the  most  difficult  portion  of  your  labors  are 
in  the  past,  and  that  the  work  remaining  to  be  done  can  be 
accomplished  efficiently  and  quickly.  There  are  still  matters 
of  high  importance  to  come  before  you.  Nothing  should  be  done 
in  haste,  but  all  after  mature  deliberation.  Nevertheless  you 
will  pardon  me  for  venturing  the  suggestion  that  while  the  utmost 
freedom  of  debate  should  be  allowed  within  reasonable  limits, 
the  Convention  is  not  justified  in  continuing  the  session  merely 
to  gratify  the  wishes  of  individuals,  and  that  alleged  courtesy 
which  would  permit  the  debate  to  be  continued  after  a  full  and 
fair  discussion  merely  because  some  member  or  members  still 
desired  to  be  further  heard  may  very  easily  become  discourtesy 
to  the  Convention  itself.  I  cannot  agree  with  the  statement  so 
often  made  as  to  the  right  of  members  to  be  heard  on  any  matter 
irrespective  of  the  length  of  time  that  the  matter  has  been  under 
consideration.  When  it  is  apparent  that  debate  has  completely 
covered  the  subject  and  that  nothing  new  is  being  added  by  its 
continuance,  the  Convention  may  well  insist  that  a  vote  be  taken, 
and  not  permit  the  valuable  time  of  the  great  majority  to  be 
sacrificed  to  the  vociferous  loquacity  of  the  few. 

The  great  war  overshadows  all  else.  Principles  of  govern- 
ment are  being  examined  and  tested  as  never  before.  The 
contest  wages  between  the  American  idea  of  democracy  and  the 


WEDNESDAY,  JUNE  12,   1918.  617 

European  idea  of  autocracy.  It  is  the  Twentieth  Century  v.  the 
Dark  Ages.  Hardly  a  home  is  here  represented  that  has  not 
some  loved  one  daring  and  offering  all  for  his  country.  Our 
deliberations  will  be  sobered  by  these  conditions  and  their 
importance  intensified.  Massachusetts  has  been  a  discoverer 
and  exponent  of  many  of  the  so-called  American  ideas  of  govern- 
ment. As  the  result  of  your  action  may  she  continue  to  take  a 
fit  part,  and  when  the  war  is  over  may  it  still  be  found  that  the 
principles  of  government  that  she  has  championed  have  been 
strong  enough  to  weather  the  storm  and  that  the  rule  of  the 
people,  bulwarked  by  constitutional  limitations,  advanced  by  a 
representative  legislative  body  and  enforced  by  a  responsible 
executive,  has  not  passed  away  but  continues  its  beneficent 
influence  throughout  the  world. 

Leave  of  Absence. 

On  motion  of  Mr.  Pillsbury  of  Wellesley,  — 

Voted,  That  Herbert  Parker  of  Lancaster  be  granted  leave  of  Herbert 
absence,   under  Rule   13,   during  the  continuance  of  important  Lancaster. 
court  proceedings  in  which  he  is  now  engaged. 

On  motion  of  Mr.  Coombs  of  Worcester,  — 

Ordered,  That  S.  Hamilton  Coe  of  Worcester  be  granted  leave  s.  Hamilton 
of  absence,  under  Rule  13,  until  June  24,  on  account  of  recent  worc°iter. 
illness. 

Amendment  of  Rules  of  the  Convention. 

Mr.  Pillsbury  of  Wellesley,  for  the  committee  on  Rules  and  Rules  of  the  ^ 
Procedure,  who  were  instructed  (by  an  order  adopted  on  October  amendmen^r 
25,  1917)  to  meet  during  the  term  of  adjournment  to  improve, 
revise,  amend  or  form  new  rules  that  will  tend   to  expedite   the 
proceedings  of  the  Convention,  and  to  report  immediately  upon  the 
reconvening  of  the  Convention,  —  reported  (in  print)  recommend- 
ing that  the  rules  of  the  Convention  be  amended  as  follows:  — 

By  striking  out  Rule  18  and  substituting  therefor  the  following:  Rule  is. 
"  18.  No  member  shall  speak  more  than  once  to  the  prevention 
of  others  who  have  not  spoken;  nor  shall  any  member  speak  on 
any  question  more  than  thirty  minutes  in  all,  unless  the  Con- 
vention votes  an  extension  of  his  time,  which  shall  not  exceed 
thirty  minutes." 

In  Rule  19,  by  inserting  after  the  word  "Convention",  the  RuleiQ. 
words  ",  except,  after  recognition  by  the  Chair,  for  the  pur- 
pose of  speaking  therefrom", — so  as  to  read  as  follows:  "19. 
No  member  shall  be  permitted  to  stand,  to  the  interruption  of 
another,  while  any  member  is  speaking,  nor  to  pass  unnecessarily 
between  the  President  and  the  member  speaking,  nor  shall  any 
member  be  permitted  to  stand  in  the  aisles  or  the  area  in  front 
of  the  President's  desk  during  the  session  of  the  Convention, 
except,  after  recognition  by  the  Chair,  for  the  purpose  of  speak- 
ing therefrom,  nor  to  stand  at  the  Secretary's  desk  during  a 
roll  call." 

By  striking  out  Rule  27  and  substituting  therefor  the  following:  Rule 27. 
"27.     Reports   of   committees,   except   as   provided   in   Rule   33, 
shall   be  acted  upon  when  received,  or  placed  in   the  Orders  of 


I 


618  JOURNAL  OF  THE  CONVENTION, 

the  Day  for  the  next  session,  at  the  discretion  of  the  Chair. 
Upon  the  adoption  of  this  rule  the  Committee  of  the  Whole 
shall  stand  discharged  of  all  matters  pending  on  its  docket,  and 
such  matters,  in  the  same  order,  shall  be  placed  in  the  Orders 
of  the  Day  for  the  next  session  of  the  Convention." 

Rule  32.  In  Rule  32,  by  striking  out  the  words  "for  the  previous  ques- 

tion or",  —  so  as  to  read  as  follows:  "32.  The  rules  of  the 
Convention  so  far  as  applicable  shall  be  observed  in  Committee 
of  the  Whole,  except  that  one  hundred  members  shall  constitute 
a  quorum;  it  cannot  refer  a  matter  to  any  other  committee;  it 
cannot  adjourn;  a  motion  for  indefinite  postponement  shall  not 
be  in  order;  the  yeas  and  nays  shall  not  be  called;  and  a  mem- 
ber may  speak  more  than  once.  The  committee  shall  have  the 
same  powers  as  the  Convention  to  enforce  the  attendance  of 
members;  and  the  Secretary  and  the  Sergeant-at-Arms  shall  be 
the  secretary  and  sergeant-at-arms,  respectively,  of  the  Com- 
mittee of  the  Whole." 

Rule  33.  By  substituting  for  Rule  33,  as  heretofore  amended,  the 

following:  "33.  If  a  committee  reports  favorably  on  a  pro- 
posal to  amend  the  Constitution,  and  if  the  proposal  has  been 
read  but  once,  it  shall  go  to  a  second  reading  without  question; 
otherwise  it  shall  be  placed  in  the  Orders  of  the  Day  for  the 
next  session,  pending  the  question  on  ordering  to  a  third  reading." 

Rule  34.  BV  substituting  for  the  heretofore  superseded  Rule  34  the 

following:  "34.  If  a  committee  reports  that  a  proposal  to 
amend  the  Constitution  ought  not  to  pass,  it  shall  be  placed  in 
the  Orders  of  the  Day  for  the  next  session,  and  shall  then  be 
open  to  amendment,  pending  the  question  on  rejection.  If 
rejection  is  negatived,  the  proposal,  if  it  has  been  read  but  once, 
shall  go  to  a  second  reading  without  question;  otherwise  it  shall 
be  placed  in  the  Orders  of  the  Day  for  the  next  session,  pending 
the  question  on  ordering  to  a  third  reading." 

Rule 37.  jn  Ruie  37^  by  inserting  after  the  word  "adoption"  the 

words  ",  or  any  motion  which  in  the  opinion  of  the  Chair 
should  not  be  considered  without  further  notice,",  —  so  as  to 
read  as  follows:  "37.  If  any  member  of  the  Convention 
shall  so  request,  any  order  or  resolution  which  shall  be  proposed 
for  adoption,  or  any  motion  which  in  the  opinion  of  the  Chair 
should  not  be  considered  without  further  notice,  shall  be  post- 
poned until  the  next  session  without  question." 

Rule 45.  jn  Ruie  45>  by  striking  out  the  words  [A]  "After  July  16, 

191 7,  until  all  amendments  to  the  Constitution  have  been  finally 
adopted  for  submission  by  the  Convention  to  the  people,  no 
motion  to  adjourn  for  more  than  seven  days  at  a  time  shall  be 
entertained.";  [B]  and  by  inserting  after  the  word  "postpone" 
the  words  "or  adjourn", — so  as  to  read  as  follows:  "45.  A 
motion  to  adjourn  shall  always  be  in  order;  and  that  motion,  or 
a  request  for  the  yeas  and  nays,  shall  be  decided  without  debate. 
On  motions  to  lay  on  the  table,  to  take  from  the  table,  to  close 
debate  at  a  specified  time,  to  postpone  or  adjourn  to  a  day  cer- 
tain, to  commit  or  recommit,  and  for  suspension  of  any  rule, 
and  upon  an  appeal  from  the  decision  of  the  Chair,  debate  shall 
be  limited  to  ten  minutes,  and  no  member  shall  speak  more  than 


WEDNESDAY,  JUNE  12,  1918.  619 

three    minutes.     The    statement    of    any    question    of    personal 
privilege  shall  be  limited  to  five  minutes." 

By  substituting  for  Rules  46  and  47  the  following:  "46.  The  Rule 46. 
previous  question  shall  be  put  in  the  following  form:  ' Shall  the 
main  question  be  now  put?'  Debate  upon  the  main  question 
shall  be  suspended  until  the  previous  question  is  decided.  On 
the  previous  question  debate  shall  be  limited  to  ten  minutes, 
and  no  member  shall  speak  more  than  three  minutes,  nor  more 
than  once  without  leave;  and  all  incidental  questions  of  order, 
arising  after  a  motion  is  made  for  the  previous  question,  shall 
be  decided  without  debate,  except  on  appeal,  duly  seconded,  and 
on  such  appeal  no  member  shall  be  allowed  to  speak  more  than 
once  without  leave.  If  the  previous  question  is  ordered,  twenty 
minutes  shall  be  allowed  for  general  debate,  no  member  to  speak 
more  than  five  minutes,  after  which  the  member  in  charge  of 
the  measure  shall  have  not  exceeding  ten  minutes,  and  the  vote 
shall  be  taken  forthwith  upon  amendments  reported  by  a  com- 
mittee, upon  other  pending  amendments,  and  then  upon  the 
main  question." 

By  inserting  a  new  rule,  as  follows:  "47.  A  member  may  Rule 47. 
move  that  the  question  be  now  put  upon  the  pending  amend- 
ment next  in  order,  and  if  such  motion  prevails  the  member 
offering  the  amendment  and  the  member  in  charge  of  the  meas- 
ure shall  each  have  not  exceeding  five  minutes,  and  thereupon 
the  vote  shall  be  taken  on  the  adoption  of  such  amendment  and 
amendments  pending  thereto/' 

By  adding  at  the  end  of  Rule  56  the  words  " ;  and  Rule  35  Rule  56- 
shall  not  be  suspended  until  the  motion  to  suspend  has  been 
referred  to  and  reported  upon  by  the  committee  on  Rules  and 
Procedure",  —  so  as  to  read  as  follows:  "56.  No  rule  or 
standing  order  of  the  Convention  shall  be  dispensed  with, 
altered  or  repealed,  except  by  vote  of  two-thirds  of  the  members 
present;  but  this  rule,  and  Rules  22,  28,  37,  42  and  48,  shall  not 
be  dispensed  with  except  by  unanimous  consent;  and  Rule  35 
shall  not  be  suspended  until  the  motion  to  suspend  has  been 
referred  to  and  reported  upon  by  the  committee  on  Rules  and 
Procedure." 

At  the  request  of  Mr.  Pillsbury  the  recommendations  (see 
Doc.  No.  376)  were  considered  separately. 

After  debate  the  proposed  amendments  of  Rules  18,  19,  27,  32, 
33,  34  and  37  were  severally  approved. 

Mr.  Sawyer  of  Ware  then  moved  that  the  report  be  amended, 
in  the  paragraph  relating  to  Rule  45,  by  striking  out  at  "A"  the 
words  "After  July  16,  1917,  until  all  amendments  to  the  Con- 
stitution have  been  finally  adopted  for  submission  by  the  Con- 
vention to  the  people,  no  motion  to  adjourn  for  more  than 
seven  days  at  a  time  shall  be  entertained.",  and  inserting  in 
place  thereof  the  words  "' seven  days',  and  inserting  in  place 
thereof  the  words  ' thirty-five  days'". 

Mr.  Pillsbury  moved  that  the  amendment  be  amended  by  strik-  , 

ing  out  the  word  "thirty-five",  and  inserting  in  place  thereof  the  —amendment, 
word  "forty". 


620 


JOUKNAL  OF  THE  CONVENTION, 


Rule  45. 


There  being  no  objection,  Mr.  Sawyer  accepted  this  amendment 
as  a  part  of  his  amendment. 

After  debate  the  amendment  moved  by  Mr.  Sawyer,  as  modi- 
fied, was  rejected,  by  a  vote  of  63  to  126. 

The  question  was  then  put  on  approving  the  first  proposed 
amendment  of  Rule  45,  and  102  members  voted  in  the  affirma- 
tive and  99  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer  of  Lynn;  and  on  the  roll  call  130 
members  voted  in  the  affirmative  and  123  in  the  negative,  as 
follows:  — 

YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bartlett,  Horace  I. 
Bauer,  Ralph  S. 
Begley,  John  S. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyer,  Elmer  E. 
Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 


Messrs.  Doe,  Orestes  T. 

Donnelly,  James  P. 
Dresser,  Frank  F. 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Graumann,  John 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Logan,  James 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Morton,  James  M. 
Myron,  John  F. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 


WEDNESDAY,  JUNE  12,  1918. 


621 


Messrs.  Robinson,  George  H. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 


Messrs.  Walker,  Joseph 

Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 
Youngman,  William  S. 


NAYS. 


Messrs.  Adams,  Smith  J.  < 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bouve",  Walter  L. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Foss,  George  H. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 


Messrs.  Green,  Thomas  H. 

Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Horgan,  Francis  J. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moore,  Charles  D.  C.    , 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Perry,  Augustus  W. 
Peterson,  Patrick 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  James  P. 
Rieutord,  Louis  O. 


622 


JOURNAL  OF  THE  CONVENTION, 


Mr.  F.  L. 

Anderson,  — 
amendment. 


Rule  45,  — 
motion  to 
reconsider. 


Messrs.  Robbing,  Edward  J. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Michael  A. 


Messrs.  Sullivan,  William  H. 
Sweeney,  Edward  A. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walcott,  Robert 
Walker,  George 
Webster,  George  P. 
White,  John  A. 
Winslow,  Guy  M. 


130  yeas;  123  nays. 

Therefore  the  first  proposed  amendment  of  Rule  45  was  ap- 
proved. 

Mr.  Anderson  of  Newton  then  moved  that  the  report  be 
amended,  in  the  paragraph  relating  to  Rule  45,  by  inserting  at 
"B"  the  words  "by  adding  at  the  end  of  the  first  sentence  of 
said  rule  the  words  ',  but  a  motion  to  adjourn  to  an  indefinite 
date  or  sine  die  shall  be  debatable'  ". 

After  debate  Mr.  Underhill  of  Somerville  moved  that  debate  be 
now  closed  on  this  amendment;  and  this  motion  prevailed. 

The  amendment  moved  by  Mr.  Anderson  was  then  rejected; 
and  the  remaining  proposed  amendment  of  Rule  45  was  ap- 
proved. 

After  further  debate  the  proposed  amendments  of  Rules  46, 
47  and  56  were  severally  approved. 

Mr.  Creamer  of  Lynn  then  moved  that  the  further  considera- 
tion of  the  report  be  postponed  until  the  next  session;  and  this 
motion  was  negatived. 

The  same  member  then  moved  that  the  vote  be  reconsidered 
by  which  the  Convention  approved  the  first  proposed  amendment 
of  Rule  45,  as  follows:  Striking  out  the  words  "After  July  16, 
1917,  until  all  amendments  to  the  Constitution  have  been  finally 
adopted  for  submission  by  the  Convention  to  the  people,  no 
motion  to  adjourn  for  more  than  seven  days  at  a  time  shall  be 
entertained. ' ' 

After  debate  the  question  was  put,  and  92  members  voted  in 
the  affirmative  and  109  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer;  and  on  the  roll  call  116  members 
voted  in  the  affirmative  and  127  in  the  negative,  as  follows :- 


YEAS. 


Messrs.  Adams,  Smith  J.  _ 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 


Messrs.  Brine,  Henry  C. 

Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Carr,  Edward 
Clark,  Ezra  W. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 


WEDNESDAY,  JUNE  12,   1918. 


623 


Messrs.  Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
'Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Horgan,  Francis  J. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bates,  Sanford 
Begley,  John  S. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 


Messrs.  Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Webster,  George  P. 
Wonson,  Carlton  W. 


NAYS. 


.  Bosworth,  Henry  H. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brooks,  George  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 


624 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crosby,  J.  Howell 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dean,  Robert  A. 
Bellinger,  Raymond  P. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Dresser,  Frank  F. 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flye,  Louis  Edwin 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Graumann,  John 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 

116  yeas; 


Messrs.  Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Morton,  James  M. 
Myron,  John  F. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Robinson,  George  H. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underhill,  Charles  L. 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 

127  nays. 


Rules  and 
committees, 
—  revision 
and  printing. 


Therefore  the  motion  to  reconsider  was  negatived. 

The  report  was  then  accepted,  and  thereby  the  amendments 
recommended  by  the  committee  were  adopted.  (See  Doc.  No. 
377  for  the  Convention  rules,  as  amended.) 

Reprinting  of  Rules  and  Committees. 

The  following  order,  offered  by  Mr.  Luce  of  Waltham,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,  That  the  Secretary  of  the  Convention  provide  for  the 
use  of  the  Convention  five  hundred  copies  of  the  pamphlet 
containing  the  rules  of  the  Convention  together  with  a  list  of 
committees  and  an  alphabetical  list  of  members  with  committees 
of  which  each  is  a  member,  said  pamphlet  to  be  revised  to  date. 


WEDNESDAY,  JUNE  12,  1918.  625 


Hours  of  Meeting  and  Adjourning. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, who  were  authorized  and  instructed  to  report  rules  and 
orders  for  the  government  of  the  Convention,  reported  recom- 
mending that  the  following  order  be  adopted:  - 

Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  hour  Hours  of 
of  meeting,  except  on  Monday  [A]  and  Saturday,  be  10.30 
o'clock  A.M.;  that,  whenever  the  Convention  is  in  session  at 
one  o'clock  P.M.,  the  President  shall  declare  a  recess  until  two 
o'clock  P.M.;  [B]  and  that,  whenever  the  Convention  is  in  ses- 
sion at  4.30  o'clock  P.M.,  the  President  shall  declare  an  adjourn- 
ment. 

Mr.  Sawyer  of  Ware  moved  that  the  order  be  amended  by 
inserting  at  "A"  the  word  ",  Tuesday";  and  by  inserting  at 
"B"  the  words  "that  on  Tuesday  the  hour  of  meeting  be  12.30 
o'clock  P.M.;". 

Mr.  Adams  of  Springfield  moved  that  the  order  be  amended 
by  the  substitution  of  the  following:  — 

"Ordered,  That,  unless  it  shall  be  otherwise  ordered,  the  Con- 
vention shall  sit  hereafter  on  Monday  to  Friday,  inclusive,  of 
each  week,  and  that  the  hours  of  its  sittings  shall  be  from  10.30 
o'clock  A.M.  to  one  o'clock  P.M.,  and  from  two  o'clock  P.M.  to 
five  o'clock  P.M.  of  each  of  such  days." 

After  debate  the  amendments  were  severally  rejected;  and  the 
>rder  recommended  by  the  committee  was  adopted. 


Resolutions  on  the  Death  of  J.  Warren  Bailey. 

Mr.  Underbill  of  Somerville  presented  the  following  resolu- 
tions :  — 

Whereas,  J.  Warren  Bailey,  a  delegate  to  this  Constitutional  gefegate*  J. 
Convention  from  the  Twenty-fourth   Middlesex  Representative  Warren  Bailey 

T\*    ,    •    .  j  T»I  -irinio  j  of  Somerville. 

District,  passed  away  on  Jbebruary  15,  1918;    and 

Whereas,  Of  his  seventy-two  years  of  life  twenty-five  were 
spent  in  the  service  of  The  Commonwealth  of  Massachusetts,  — 
two  as  a  member  of  the  General  Court,  twenty-two  as  a  member 
or  secretary  of  the  Board  of  Prison  Commissioners  and  one  as 
a  member  of  this  Convention;  and 

Whereas,  In  all  his  public  service  he  displayed  an  earnest 
devotion  to  the  Commonwealth,  a  spotless  character,  ability  and 
fidelity  of  the  first  order  mellowed  by  a  genial  and  kindly  tem- 
perament, attending  faithfully  to  all  his  duties  as  long  as  his 
health  permitted;  therefore,  be  it 

Resolved,  That  the  delegates  to  this  Constitutional  Convention 
o  hereby  express  their  appreciation  of  his  staunch  and  splendid 
ice  and  of  the  great  loss  the  Convention  and  the  people  of 
the  Commonwealth  have  sustained  in  his  death;  and  be  it 
further 

Resolved,  That  these  resolutions  be  entered  upon  the  records  of 
this  Convention,  and  a  copy  be  sent  to  the  bereaved  family. 


626  JOURNAL  OF  THE  CONVENTION, 

After  remarks  by  Mr.  Underbill  and  by  Messrs.  Knotts  of 
Somerville  and  Parkman  of  Boston,  the  resolutions  were  unani- 
mously adopted  by  a  rising  vote. 

Resolutions  on  the  Death  of  Honorable  John  Q.  A.  Brackett. 

Mr.  Crosby  of  Arlington  presented  the  following  resolutions:  — 

Whereas,  In  the  death  of  John  Quincy  Adams  Brackett,  which 
Q- A?Brackett  occurred  on  the  sixth  day  of  April  last,  the  Constitutional  Con- 
vention has  lost  one  of  its  wisest  and  most  beloved  members; 
therefore,  be  it 

Resolved,  That  the  members  of  the  Convention  hereby  record 
their  appreciation  of  the  character  and  service  of  one  whose  long 
life  was  a  benefaction  not  only  to  his  family,  his  friends,  his 
neighbors,  and  his  clients,  but  also  to  the  community  and  the 
Commonwealth.  As  Speaker  of  the  House  of  Representatives, 
as  Lieutenant  Governor,  as  Governor,  and  as  a  trusted  legal 
adviser,  his  talents  were  conspicuous  and  his  reputation  without 
the  shadow  of  a  stain.  The  kindness  of  his  nature  endeared  him 
to  all  with  whom  he  came  in  contact.  His  intellect  was  the 
servant,  not  the  master,  of  his  heart,  and  he  never  shrank  from 
espousing  an  unpopular  cause  which  appealed  to  his  sense  of 
justice  or  mercy. 

Resolved,  That  an  engrossed  copy  of  these  resolutions  be  sent  to 
the  family  of  the  deceased. 

After  remarks  by  Mr.  Crosby,  and  by  Messrs.  Luce  of  Wal- 
tham,  Benton  of  Belmont  and  Pillsbury  of  Wellesley,  the  resolu- 
tions were  unanimously  adopted  by  a  rising  vote. 


Mr.  Luce  of  Waltham  then  moved  that,  as  a  further  mark  of 
respect  to  the  deceased  members,  the  Convention  adjourn;  and 
this  motion  prevailed. 

Accordingly,  at  nineteen  minutes  past  four  o'clock,  the  Con- 
vention adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 

A.M. 


THURSDAY,  JUNE  13,   1918.  627 


THURSDAY,  June  13,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Orrin  P.  Gifford,  D.D.,  of  Brookline. 

Reception  of  the  Chasseurs-a-Pied,  the  so-called  "Blue  Devils" 

of  France. 

At    five    minutes    past    eleven    o'clock    the    Sergeant-at-Arms  The  "Blue 
escorted  into  the  chamber  nearly  one  hundred  of  the  Chasseurs-  France "  °f 
a-Pied,  the  so-called  "Blue  Devils"   of  France,  accompanied  by 
an  escorting  committee  of  citizens. 

President  John  L.  Bates  addressed  the  distinguished  guests  as 
follows: — 

Fighting  Men  of  France:  The  story  of  your  heroic  deeds  and 
your  desperate  struggles  has  preceded  you.  "Blue  Devils,"  the 
Germans  call  you.  Men  who  have  received  such  a  title,  from 
such  a  source,  need  no  other  credential  in  Massachusetts.  Like 
the  Lacedaemonians  of  old,  you  have  not  asked  "How  many  are 
the  enemy?"  but  "Where  are  they?"  and  you  have  gone  forth 
and  answered  your  own  question. 

^Admiration  for  your  courage,  and  gratitude  for  your  service  to 
umanity  fill  our  hearts.     Young  in  years  you  are  old  in  deeds. 

e  welcome  you,   battle-scarred  and  tempest-riven  veterans  in 

e  greatest  conflict  of  any  age.  You  bear  proudly  the  honors 
conferred  upon  you  by  your  nation,  but  your  greatest  distinction 
is  worn  not  as  a  chevron  on  the  sleeve  but  is  to  be  found  in  the 
esteem  entertained  for  you  in  the  hearts  of  every  lover  of  liberty. 
Our  tongues  may  not  speak  the  same  language,  but  our  hearts  do, 
and  we  understand  each  other.  We  go  the  same  way,  we  fight 
the  same  enemy,  we  make  the  same  fight,  and  we  are  now  in 
France  by  your  side  700,000  strong.  And  700,000  more  are  on 
the  way,  and  there  shall  follow  seven  times  700,000  if  need  be. 

Nor  will  we  falter  in  the  struggle  until,  in  the  Providence  of 
God,  the  fields  of  the  land  of  Lafayette  shall  again  burst  into 
beauteous  bloom,  and  the  vanquished  Hun  shall  rise  from  his 
trenches  and  with  uplifted  hand  cry,  not  "Blue  Devils"  but 
"Vive  La  France,  Vive  La  France!"  And  in  that  glad  day  all 
the  world  shall  join  in  one  grand  acclaim  to  you  and  your  allied 
comrades:  "Hail,  hail,  saviors  of  liberty,  benefactors  of  man- 
kind." 

Lieutenant  Albert  Le  Moal,  who  I  understand  is  the  command- 
ing officer  of  the  "Blue  Devils",  will  now  say  a  few  words  to 
you. 

Lieutenant  Le  Moal  then  responded  as  follows:  — 

Mr.   President  and  Gentlemen:     I    am   not   a   speaker,   but   I 

want  to  say  how  much  we  are  glad  to  be  in  Boston.     We  know  Le  Moal. 

that  America  loves  France,  but  I  am  sure  you  do  not  love  France 


628 


JOURNAL  OF  THE  CONVENTION, 


Printing  of 


more  than  France  loves  America.  A  hundred  and  fifty  years 
ago  Lafayette  came  over  here  with  French  soldiers  to  fight  for 
your  freedom  and  liberty,  and  now  your  boys  and  men,  and  our 
boys,  are  fighting  in  France  again  for  civilization  and  the  world. 

We  know  that  America  is  doing  its  best,  and  we  will  wait  for 
you.  Your  boys  are  not  going  forth  to  be  killed,  —  they  are 
going  forth  to  kill  Germans.  We  do  not  care  about  the  end  of 
the  war.  The  end  of  the  war  will  happen  when  Germany  will 
be  on  her  knee,  and  say  "I  am  through,  I  am  done."  At  that 
time  your  boys  and  ours  will  come  again  to  their  homes,  and 
they  do  not  expect  to  come  home  until  they  come  home  vic- 
torious. 

The  visitors  and  their  escorts  then  retired. 

On  motion  of  Mr.  Boucher  of  New  Bedford  the  addresses  of 
the  President  and  Lieutenant  Le  Moal  were  ordered  printed  in 
the  Journal  of  the  Convention. 


Edward 
Fisher  and 
J.  Howell 
Crosby. 


Charles  M. 
Day. 


J.  Franklin 
Knotts. 


Leave  of  Absence. 

On  motion  of  Mr.  Bolster  of  Boston,  — 

Ordered,  That  Edward  Fisher  of  Westford  and  J.  Howell 
Crosby  of  Arlington  be  granted  leave  of  absence  from  time  to 
time  on  account  of  duties  in  connection  with  the  United  States 
Food  Administration. 

On  motion  of  Mr.  Richardson  of  Ayer,  — 
Ordered,   That   Charles   M.    Day   of   Winchendon   be   granted 
leave  of  absence,  under  Rule  13,  on  account  of  illness. 

On  motion  of  Mr.  Bullock  of  New  Bedford,  — 
Ordered,   That  J.   Franklin  Knotts   of   Somerville  be   granted 
leave  of  absence,  under  Rule  13,  from  June  18  to  June  25. 


Compensation 
of  members. 


Compensation  of  Members. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and  Pay- 
Roll  determine  and  report  the  manner  in  which  compensation 
shall  be  paid  to  members  of  the  Convention  for  the  1918  session. 


Daily 
newspapers. 


Daily  Newspapers. 

Mr.  Sawyer  of  Ware  offered  the  following  order :  - 

Ordered,  That  the  Sergeant-at-Arms  be  authorized  and  directed 
to  procure,  for  the  use  of  the  members  of  the  Convention,  two 
copies  of  each  of  the  daily  papers  published  in  the  cities  of 
Boston,  Worcester  and  Springfield,  and  one  copy  of  each  of  the 
other  daily  papers  published  within  the  Commonwealth. 

The  same  member  moved  a  suspension  of  the  provisions  of 
the  standing  order  requiring  the  matter  to  be  referred  to  the 
committee  on  Rules  and  Procedure;  and  this  motion  prevailed. 

The  order  was  then  considered;   and  it  was  adopted. 


1 


THURSDAY,  JUNE  13,  1918.  629 


Proposed  Amendment  of  Rule  49- 

Mr.  Underbill  of  Somerville  moved  that  Rule  49  be  amended  by  Proposed 
striking  out  the  word  "forty",  and  inserting  in  place  thereof  the  J 
word  "fifty",  —  so  as  to  read  as  follows:    "49.     On  all  questions 
the  sense  of  the  Convention  shall  be  taken  by  yeas  and  nays, 
provided  fifty  members  so  require.     No  member  shall  be  allowed 
to  vote  who  enters  the  Convention  after  the  vote  is  declared. 
The  names  of  the  members  shall  be  called  in  alphabetical  order." 

Mr.  Sawyer  of  Ware  moved  that  the  motion  to  amend  be  re- 
ferred to  the  committee  on  Rules  and  Procedure;  and  this  motion, 
after  debate,  was  adopted. 

Proposal  to  Amend  the  Constitution. 

Mr.  Sawyer  of  Ware  presented  a  Resolution  giving  the  General 
Court  power  to  enact  legislation  to  require  that  persons,  firms, 
associations  or  corporations  dealing  in  milk  or  cream  shall  give  a 
bond  for  prompt  payments  for  milk  and  cream  to  the  producer 
thereof. 

The  same  member  moved  that  Rule  35  be  suspended;  and 
this  motion  was  referred,  under  Rule  56,  to  the  committee  on 
Rules  and  Procedure. 

Orders  of  the  Day. 

Mr.  Underbill  of  Somerville  moved  that,  when  the  Orders  of  Ordersofthe 
the  Day  are  reached  each  day,  the  President  shall  call  the 
matters  in  numerical  order;  and  that  matters  not  giving  rise 
to  a  motion  or  debate  shall  first  be  disposed  of  in  the  order  in 
which  they  stand  in  the  Calendar,  after  which  matters  that 
may  have  been  passed  by  members  shall  be  considered  in  like 
order  and  disposed  of.  This  motion  was  adopted. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

To  provide  for  establishing  the  initiative  and  referendum  for  initiative 

Cities  and  towns  (DOC.  No.  27);  referendum. 

Providing  for  the  referendum  by  the  General  Court  of  acts  id. 
and  resolves  and  parts  thereof  (Doc.  No.  88); 

To  provide  for  the  direct  adoption  of  constitutional  amend-  Id> 
ments  by  referendum  to  the  people  (Doc.  No.  134);    and 

Relative  to  obtaining  signatures  in  connection  with  the  initia-  Id 
tive  and  referendum  (Doc.  No.  185); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Initiative  and 
Referendum. 

The   Resolution    (recommitted)    relative   to   the   right   of   the  Taking  of 
Commonwealth  to  take   or   to   authorize  the  taking  of  land  by  land* 
eminent  domain  (Doc.  No.  94)  was  considered;   and  the  proposal 
was  rejected,  as  recommended  by  the  committee  on  the  Judi- 
ciary. 


630 


JOURNAL   OF  THE   CONVENTION, 


Charitable 
institutions, — 
inspection. 


Government 
of  cities. 

Municipal 
home  rule. 

Public 

employees,  — 
bonuses. 


Poll  taxes. 

State  and 
municipal 
finances. 


Legislative 
bills,  — 
scrutiny. 
General 
Court,  — 
adjournment . 


Voters,  — 
qualification. 

Id. 


Id. 


Counting  of 
ballots. 


Governor,  - 
veto  power. 


Natural 
resources. 

Postponement 
refused. 


The  Resolution  relative  to  the  inspection  of  certain  public  and 
private  institutions  (Doc.  No.  263)  (accompanying  the  petition 
of  Susan  E.  Stevens)  was  considered. 

The  committee  on  State  Administration  having  reported  recom- 
mending that  the  petitioner  have  leave  to  withdraw,  the  report 
was  accepted;  and  the  proposal  was  rejected. 

Resolutions  — 

Relative  to  the  authority  of  the  General  Court  in  the  govern- 
ment of  cities  (Doc.  No.  229); 

To  provide  for  home  rule  in  municipalities  in  all  matters  not 
within  general  laws  (Doc.  No.  227);  and 

To  authorize  the  payment  of  bonuses  to  deserving  public  em- 
ployees (Doc.  No.  230); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Municipal 
Government. 

Resolutions  — 

Relative  to  the  levying  of  poll  taxes  (Doc.  No.  62);   and 

Providing  for  the  complete  separation  of  the  revenues  and 
expenditures  of  the  Commonwealth  from  those  of  the  cities  and 
towns  (Doc.  No.  132); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Taxation. 

Resolutions  — 

To  provide  for  the  scrutiny  of  legislative  bills  by  the  Attorney- 
General  (Doc.  No.  175);  and 

Vesting  in  the  Governor  the  right  to  adjourn  or  prorogue  the 
General  Court  (Doc.  No.  86); 

Were  severally  considered;  and  the  proposals  were  severally  re- 
jected, as  recommended  by  the  committee  on  The  General  Court. 

Resolutions  — 

Reducing  the  length  of  time  required  as  a  qualification  for 
registration  and  voting  (Doc.  No.  127); 

Making  aliens  who  have  declared  their  intention  of  becoming 
citizens  qualified  to  vote  (Doc.  No.  128); 

To  enable  persons  who  have  declared  their  intentions  to  become 
citizens  of  the  United  States  to  vote  in  city  and  town  elections 
(Doc.  No.  287);  and 

Relative  to  the  counting  of  ballots  cast  at  elections  (Doc.  No. 
281); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Suffrage. 

The  Resolution  relative  to  abolishing  the  veto  power  of  the 
Governor  (Doc.  No.  159)  was  considered;  and  the  proposal  was 
rejected,  as  recommended  by  the  committee  on  the  Executive. 

The  Resolution  (recommitted)  relative  to  the  public  interest 
in  natural  resources  (Doc.  No.  344)  was  read  a  second  time. 

Mr.  Butler  of  Brockton  moved  that  the  further  consideration 
of  the  resolution  be  postponed  until  Thursday  next,  first  in  the 
orders  of  the  day;  and  this  motion,  after  debate,  was  negatived. 


THURSDAY,  JUNE  13,  1918. 


631 


Mr.  Clapp  of  Lexington  then  moved  that  the  resolution  be  Mr.  ciapp,  - 
amended  by  striking  out,  in  line  3,  the  word  "agricultural,";  amendment. 
and  by  adding  at  the  end  thereof  the  following  paragraph:  — 

"The  conservation,  development  and  use  for  agricultural  pur- 
poses, of  low,  swampy,  waste  or  otherwise  undeveloped  lands 
are  public  uses  for  which  the  legislature  may  take,  or  authorize 
to  be  taken,  by  purchase  or  otherwise,  lands  or  easements  and 
interests  therein." 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President  declared  a  recess  until  two  o'clock;    at  which  hour  the 
Convention  reassembled. 

Mr.  Hobbs  of  Worcester  doubted  the  presence  of  a  quorum. 

Mr.  Sullivan  of  Salem  moved  that  the  roll  of  the  Convention  Quorum. 
be  called,  to  ascertain  if  a  quorum  was  present;    and  this  motion 
was  adopted,  by  a  vote  of  28  to  14. 

The  roll  was  called;  and  (Mr.  Hall  of  Taunton  being  in  the 
chair)  166  members  answered  to  their  names,  as  follows:  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 


Messrs.  Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gay  lord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 


632 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Jones,  George  R. 
Kelley,  George  W. 
Kilbon,  John  L. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Moran,  William 
MorriU,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
.  O'Connell,  John  P. 
O'Connor,  John  D. 
Peterson,  Patrick 
Putnam,  Harry  B. 


Messrs.  Quincy,  Josiah 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
White,  John  A. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Mr.  Lyman,  — 
amendment. 

Previous 
question. 


Election  of 
judges. 

Postponement 
refused. 


Quorum. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

Mr.  Lyman  of  Easthampton  then  moved  that  the  resolution 
be  amended  by  striking  out,  in  line  3,  the  word  "  agricultural,". 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Chandler  of  Somerville. 

The  amendment  moved  by  Mr.  Lyman  was  then  rejected;  and 
the  amendments  moved  by  Mr.  Clapp  were  rejected,  by  a  vote  of 
31  to  90. 

The  resolution  was  then  ordered  to  a  third  reading. 

The  Resolution  (recommitted)  relative  to  the  election  of 
judges  by  the  people  (Doc.  No.  197)  was  considered. 

Pending  the  question  on  the  rejection  of  the  proposal,  as 
recommended  by  the  committee  on  the  Judiciary,  Mr.  Morton  of 
Fall  River  moved  that  the  further  consideration  of  the  resolution 
be  postponed  until  Tuesday  next,  first  in  the  Orders  of  the  Day; 
and  this  motion,  after  debate,  was  negatived,  by  a  vote  of  65  to  84. 

After  further  debate  Mr.  Carr  of  Hopkinton  asked  for  a  count 
of  the  Convention,  to  ascertain  if  a  quorum  was  present.  A 
count  showed  that  96  members  were  present. 


THURSDAY,  JUNE  13,  1918. 


633 


The  same  member  then  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived. 

Mr.   Walker   of   Brookline   moved   that  the  roll   of  the   Con-  Quorum, 
vention  be  called,  to  ascertain  if  a  quorum  was  present;    and 
this  motion  prevailed. 

The  roll  was  then  called;    and  150  members  answered  to  their 
names,  as  follows:  — 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Benton,  Everett  C. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Cook,  Rufus  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 


Messrs.  Farnsworth,  Frank  S. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
MacM  aster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCormack,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 


634 


JOUKNAL  OF  THE  CONVENTION, 


Quorum. 


Adjournment. 


Messrs.  Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parkman,  Henry 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stoeber,  Charles 


Messrs.  Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Whig,  Herbert 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  not  present. 

Mr.  Butler  of  Brockton  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived,  by  a  vote  of  52  to  72. 

Mr.  Luce  of  Waltham  moved  that  the  Sergeant-at-Arms  be  in- 
structed to  secure  the  attendance  of  a  quorum;  and  this  motion 
prevailed.  Mr.  Brown  of  Brockton  moved  that  the  vote  be 
reconsidered;  and  this  motion  was  negatived,  by  a  vote  of  0  to 
57. 

Subsequently  the  Chair  (Mr.  Hall  of  Taunton)  stated  that 
the  Sergeant-at-Arms  had  reported  that  no  more  members  were 
in  the  building. 

Mr.  Mahoney  of  Boston  then  moved  that  the  Convention 
adjourn;  and  this  motion  was  adopted,  by  a  vote  of  76  to  54. 

Accordingly,  at  nineteen  minutes  past  four  o'clock  (Mr.  Hall 
being  in  the  chair),  the  Convention  adjourned,  to  meet  to- 
morrow at  half-past  ten  o'clock  A.M. 


FRIDAY,  JUNE  14,  1918.  635 


FRIDAY,  June  14,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M., 
with  Mr.  Walker  of  Brookline  in  the  chair. 

Prayer  was  offered   by  Rev.   John   L.   Kilbon  of   Springfield, 
a  member  of  the  Convention. 

Leave   of  Absence. 

On  motion  of  Mr.  Newton  of  Everett,  — 

Ordered,  That  Charles  Bruce  of  Everett  be  granted  leave  of  Charles  Bruce. 
absence  from  time  to  time,  on  account  of  public  duties  as  an 
assessor  of  the  city  of  Everett. 

On  motion  of  Mr.  Boucher  of  New  Bedford,  — 

Ordered,  That  James  Whitehead  of  Fall  River  be  granted  leave  james 
of  absence,  under  Rule  13,  until  June  25,  because  of  absence  from  wwtehead. 
the  Commonwealth. 

On  motion  of  Mr.  Lyman  of  Easthampton,  — 

Ordered,  That  William  J.  Look  of  Tisbury  be  granted  leave  of  wmiamJ. 
absence  from  time  to  time,  on  account  of  duties  in  connection 
with  the  United  States  Food  Administration. 

On  motion  of  Mr.  Hobbs  of  Worcester,  — 

Ordered,  That  James  Logan  of  Worcester  be  granted  leave  of  James  Logan, 
absence,  under  Rule  13,  until  June  24,  because  of  absence  from 
the  Commonwealth  in  connection  with  business  of  the  national 
government. 

On  motion  of  Mr.  Dennis  D.  Driscoll  of  Boston,  — 
Ordered,  That  James  T.  Moriarty  of  Boston  be  granted  leave  james  T. 
of  absence,  under  Rule  13,  until  June  25,  on  account  of  duties  as 
a  delegate  to  the  convention,  at  St.   Paul,   Minnesota,   of  the 
American  Federation  of  Labor. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,  That  Arthur  H.  Lowe  of  Fitchburg  be  granted  leave  Arthur  H. 
of  absence,  under  Rule  13,  in  order  that  he  may  serve  with  the  Lowe- 
Textile  War-Service  Committee  in  New  York  City,  and  fill  other 
engagements. 

On  motion  of  Mr.  Harriman  of  New  Bedford,  — 

Voted,  That  Samuel  Ross  of  New  Bedford  be  granted  leave  of  Samuel  ROSS. 
absence,  under  Rule  13,  until  June  25,  on  account  of  duties  as  a 
delegate    to    the    convention,    at    St.    Paul,    Minnesota,    of   the 
American  Federation  of  Labor. 

Compensation  of  Members. 

Mr.  Wonson  of  Gloucester,  for  the  committee  on  Contingent  Compensa- 
Expenses    and    Pay-Roll,    who    were    instructed    (by    an    order  members,  — 
adopted  at  the  preceding  session)   to  determine  the  manner  in  manner  of 


636 


JOURNAL  OF  THE  CONVENTION, 


Compensa- 
tion of 
members. 


Pay-roll,  — 
compensa- 
tion for 
travelling 
expenses. 


which  compensation  shall  be  paid  to  members  of  the  Convention 
for  the  1918  session,  reported  recommending  that  the  following 
order  be  adopted:  — 

Ordered,  That  the  delegates  to  the  Constitutional  Convention 
be  paid  $150  for  the  month  of  June,  $150  for  the  month  of  July, 
and  $200  at  the  close  of  the  session. 

The  order  was  considered  forthwith;  and  it  was  adopted. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and  Pay- 
Roil  make  up  the  pay-roll  for  the  travelling  expenses  of  members 
of  the  Convention  for  the  1918  session,  at  the  rate  of  two  dollars 
and  fifty  cents  per  mile,  the  travel  to  be  computed  according  to 
the  table  of  distances  established  by  an  order  of  the  House  of 
Representatives  adopted  June  1,  1892. 


Rules  and 
committees, 
—  revision 
and  printing. 


Reprinting  of  Rules  and  Committees. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  following  order  (offered  by 
Mr.  Luce  on  June  12),  reported  recommending  that  the  same  be 
adopted :  — 

Ordered,  That  the  Secretary  of  the  Convention  provide  for  the 
use  of  the  Convention  five  hundred  copies  of  the  pamphlet 
containing  the  rules  of  the  Convention  together  with  a  list  of 
committees  and  an  alphabetical  list  of  members  with  committees 
of  which  each  is  a  member,  said  pamphlet  to  be  revised  to  date. 

The  order  was  considered  forthwith;   and  it  was  adopted. 


"State 
Budget 
Systems  in 
the  United 
States." 


Printing  of  a  Bulletin. 

Mr.  Parkman  of  Boston  offered  the  following  order:  — 

Ordered,  That  there  be  printed  five  hundred  additional  copies 
of  the  bulletin  on  "State  Budget  Systems  in  the  United  States", 
prepared  by  the  commission  appointed  to  compile  information 
and  data  for  the  Convention. 

The  same  member  moved  a  suspension  of  the  provisions  of  the 
standing  order  requiring  the  matter  to  be  referred  to  the  com- 
mittee on  Rules  and  Procedure;  and  this  motion  prevailed. 

The  order  was  then  considered;   and  it  was  adopted. 


Acts  and 
resolves,  — 
referendum. 


Motion  to  Reconsider. 

Mr.  Bartlett  of  Newburyport  moved  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  preceding  session,  re- 
jected the  proposal  contained  in  the  Resolution  providing  for  the 
referendum  by  the  General  Court  of  acts  and  resolves  and  parts 
thereof  (Doc.  No.  88). 

The  same  member  then  moved  that  the  motion  to  reconsider 
be  laid  on  the  table;  and  this  motion,  after  debate,  was  nega- 
tived. 

After  further  debate  the  motion  to  reconsider  was  negatived. 


FRIDAY,  JUNE  14,  1918.  637 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Chair  (Mr.  Walker  of  Brookline)  proceeded  to  the  calling  Orders  of  the 
of  the  Calendar,  in  accordance  with  the  vote  passed  at  the  pre-  SeycaFendl°f 
ceding  session;   whereupon 

Mr.  Richardson  of  Newton  moved  that  the  calling  of  the 
Calendar  be  dispensed  with,  and  that  the  Convention  proceed 
to  the  consideration  of  the  Orders  of  the  Day  in  order;  and  this 
motion,  after  debate,  was  negatived. 

The  Resolution  relative  to  extending  the  application  of  the  Supreme 
decisions  of  the  Supreme  Judicial  Court  as  to  the  police  power,  c 
so-called  (Doc.  No.  3),  was  considered. 

The   committee   on   the   Executive   having   reported   without  i>wer. 
recommendation,    the   report   of   the   committee   was   accepted; 
and  the  resolution  was  placed  on  file. 

Resolutions  — 

Providing   for   granting   a   greater   measure   of  home   rule   to  Municipal 
cities  and  towns  (Doc.  No.  226);  home  rule. 

Relative  to  home  rule  for  cities  (Doc.  No.  34);  w. 

Providing  for  home  rule  for  cities  and  towns  (Doc.  No.  99,  —  id. 
so  much  thereof  as  does  not  relate  to  the  power  of  municipalities 
to  "classify  property  for  taxation  at  various  rates,"  or  to  "ex- 
empt any  class  of  property  from  taxation");  and 

To  provide  for  a  larger  measure  of  home  rule  for  cities  and  w. 
towns  (Doc.  No.  100,  — so  much  thereof  as  does  not  relate  to  the 
power  of  municipalities  "to  exempt  classes  of  property  from 
taxation "  or  "  to  acquire  land  for  homes  for  its  citizens,  and  to 
hold,  improve,  subdivide,  sell,  lease,  rent,  or  build  upon  the  same, 
to  maintain  a  sufficient  supply  of  food,  shelter  and  other  necessi- 
ties of  life  at  reasonable  cost,  or  do  any  lawful  act  intended 
ultimately  to  promote  the  general  welfare  notwithstanding  that 
the  primary  effect  of  such  act  may  benefit  individuals"); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Municipal 
Government. 

Resolutions  — 

To  provide  for  a  larger  measure  of  home  rule  for  cities  and  JJ^^J?1 
towns  (Doc.  No.  100,  — so  much  thereof  as  relates  to  the  power  of  taxation. 
municipalities  "to  exempt  classes  of  property  from  taxation"); 

Relative  to  the  exemption  from  taxation  of  certain  real  estate  Homesteads, 
held  and  used  for  homestead  purposes  (Doc.  No.  16); 

To  provide  a  limit  to  tax  exemptions  (Doc.  No.  292) ;   and          Exemptions 

Granting  power  to  the  General  Court  to  levy  taxes  on  persons  Aliens,— nS 
and  property  of  alien  residents  (Doc.  No.  299);  taxation. 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Taxation. 


638 


JOURNAL   OF  THE  CONVENTION, 


Public 
utilities,  — 
public 
ownership. 

Id. 


Single 

legislative 

body. 

Senate,  — 

abolition. 

Senate,  — 

presidency. 


State 

administrative 

departments. 


County 
officials. 


County 
commissioner, 
—  abolition. 
Id. 


Militia. 


Supreme  Ju- 
dicial Court,  — 
opinions. 


Administrators 
and  executors. 


Election  of 
judges. 


Quorum. 


Resolutions  — 

To  provide  for  public  ownership  of  all  public  utilities  and  for 
the  conservation  of  the  water  powers  of  the  Commonwealth 
(Doc.  No.  242);  and 

To  authorize  the  taking  of  public  utilities  or  any  part  or  parts 
thereof  (Doc.  No.  244); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Public  Affairs. 

Resolutions  — 

To  provide  for  a  Legislature  of  a  single  chamber  of  twenty- 
five  members  (Doc.  No.  168); 

Relative  to  the  abolition  of  the  Senate  (Doc.  No.  174);    and 

Relative  to  the  Presidency  of  the  Senate  (Doc.  No.  25); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  The  General 
Court. 

The  Resolution  to  provide  against  too  frequent  changes  in  the 
form  of  administrative  departments  of  the  Commonwealth  (Doc. 
No.  268)  was  considered;  and  the  proposal  was  rejected,  as  rec- 
ommended by  the  committee  on  State  Administration. 

Resolutions  — 

Relative  to  appointment  by  the  Governor  of  certain  county 
officials  (Doc.  No.  154); 

Relative  to  the  abolition  of  the  office  of  county  commissioner 
(Doc.  No.  156);  and 

Relative  to  giving  the  Council  the  powers  and  duties  of  county 
commissioners  (Doc.  No.  23); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  County  and 
District  Government. 

The  Resolution  relative  to  the  militia  of  the  Commonwealth 
(Doc.  No.  223)  was  considered;  and  the  proposal  was  rejected, 
as  recommended  by  the  committee  on  Military  Affairs. 

Resolutions  — 

Relative  to  the  authority  of  the  Governor,  Council  and 
General  Court  to  request  opinions  of  the  Supreme  Judicial 
Court  (Doc.  No.  213);  and 

Providing  for  a  supervisor  or  commissioner  of  administrators 
and  executors  (Doc.  No.  195); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  the  Judiciary. 

The  Resolution  (recommitted)  relative  to  the  election  of  judges 
by  the  people  (Doc.  No.  197),  being  the  unfinished  business  of 
the  preceding  session,  was  considered  further,  the  question  being 
on  the  rejection  of  the  proposal,  as  recommended  by  the  commit- 
tee on  the  Judiciary. 

After  debate  Mr.  Luce  of  Waltham  moved  the  previous  ques- 
tion. 

Subsequently  Mr.  Carr  of  Hopkinton  asked  for  a  count  of  the 
Convention,  to  ascertain  if  a  quorum  was  present.  A  count 
showed  that  157  members  were  present. 


FRIDAY,  JUNE  14,  1918.  639 

On   motion   of  Mr.   Underbill  of  Somerville   the   Sergeant-at-  Quorum. 
Arms  was  instructed  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  previous  question  was 
ordered,  by  a  vote  of  106  to  45. 

After  further  debate  the  proposal  was  rejected,  by  a  vote  of 
125  to  32. 

The  Resolution  (recommitted)  relative  to  limiting  the  tenure  Tenure 
of  judicial  officers  to  ten  years  (Doc.  No.  194)  was  considered, 
the  question  being  on  the  rejection  of  the  proposal,  as  recom- 
mended by  the  committee  on  the  Judiciary. 

After  debate  Mr.  William  H.  Sullivan  of  Boston  moved  that  Mr.  Sullivan, 
the  resolution  be  amended  by  the  substitution  of  a  Resolution  amendment- 
providing  for  the  appointment  of  judges  for  specific  terms  (Doc. 
No.  345). 

At  eight  minutes  before  one  o'clock  Mr.  Mancovitz  of  Boston 
moved  that  the  Convention  take  a  recess  until  two  o'clock  P.M.; 
and  this  motion  was  negatived. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair   (Mr.   Walker  of   Brookline)   declared   a  recess   until  two 
o'clock;    at  which  hour  the  Convention  reassembled. 

Mr.  Mancovitz  of  Boston  asked  for  a  count  of  the  Convention  Quorum. 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  66 
members  were  present. 

On  motion  of  the  same  member  the  Sergeant-at-Arms  was 
instructed  to  secure  the  attendance  of  a  quorum. 

Subsequently  the  Chair  (Mr.  Walker  of  Brookline)  stated  that 
the  Sergeant-at-Arms  had  reported  that  only  139  members  were 
then'  in  the  building. 

Mr.  Luce  of  Waltham  moved  that  the  Sergeant-at-Arms  be  id. 
instructed  to  go  outside  of  the  State  House  to  secure  the  attend- 
ance of  a  quorum. 

After  debate  Mr.  Webster  of  Haverhill  moved  that  the  roll  of 
the  Convention  be  called;  and  this  motion  prevailed. 

The  roll  was  then  called;  and  165  members  answered  to  their 
names,  as  follows :  — 

Adams,  Brooks  Messrs.  Brown,  E.  Gerry 

Adams,  Smith  J.  Bryant,  Lincoln 

Anderson,  Frederick  L.  Buck,  Maurice  A. 

Aylward,  James  F.  Burns,  William  A. 

Bailey,  Charles  O.  Buttrick,  Allan  G. 

Ballantyne,  John  Carr,  Edward 

Bangs,  Francis  R.  Chase,  Mial  W. 

Barrett,  James  T.  Clapp,  Robert  P. 

Bartlett,  Horace  I.  Clark,  Chester  W. 

Bassett,  Edmund  Clark,  Ezra  W. 

Batchelder,  Albert  W.  Codman,  James  M.,  Jr. 

Benton,  Everett  C.  Collins,  Samuel  I. 

Bicknell,  Wallace  H.  Cook,  Rufus  H. 

Bigney,  Robert  E.  Cooney,  Charles  P. 

Blackmur,  Paul  R.  Corrigan,  Robert  S. 

Boucher,  Joseph  Zoel  Costello,  Francis  M. 

Bouve",  Walter  L.  Coughlan,  William  J. 

Boyer,  Elmer  E.  Cox,  Guy  W. 

Brine,  Henry  C.  Craven,  John  H. 

Broderick,  Patrick  S.  Creamer,  Walter  H. 


640 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 


Messrs.  McAnarney,  John  W. 

McCormack,  John  W. 

McLaud,  Abner  S. 

Merriam,  John  M. 

Merrill,  George  Frye 

Michelman,  Joseph 

Mitchell,  Charles 

Montague,  David  T. 

Moore,  Charles  D.  C. 

Moran,  William 

Merrill,  Charles  H. 

Morton,  James  M. 

Moynihan,  James  J. 

Murley,  Joseph  J. 

Myron,  John  F. 

Nestor,  Patrick  F. 

Newhall,  Arthur  N. 

Newton,  H.  Huestis 

O'Connell,  John  J. 
O'Connell,  John  P. 

O'Connor,  John  D. 

Parkman,  Henry 

Peterson,  Patrick 
Pillsbury,  Albert  E. 

Powers,  Samuel  L. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 
The  amendment  moved  by  Mr.  Sullivan  was  then  rejected,  by 
a  vote  of  53  to  79;    and  the  proposal  was  also  rejected. 


FRIDAY,  JUNE  14,  1918.  641 


The  Resolution  (recommitted)  providing  for  the  appointment, 
removal  and  retirement  of  judges  and  their  tenure  of  office  (Doc.  and  tenure. 
No.  96)  was  considered. 

The  committee  on  the  Judiciary  having  reported  recommending 
that  the  resolution  be  withdrawn  at  the  request  of  the  proponent, 
the  report  of  the  committee  was  accepted;  and  the  resolution 
was  placed  on  file. 

The  Resolution  (recommitted)  providing  for  the  appointment 
of  judges  for  specific  terms  (Doc.  No.  193)  was  considered,  the 
question  being  on  the  rejection  of  the  proposal,  as  recommended 
by  the  committee  on  the  Judiciary. 

Mr.  Mancovitz  of  Boston  moved  that  the  resolution  be 
amended  by  the  substitution  of  a  Resolution  providing  for  the 
appointment  of  judges  for  specific  terms  (Doc.  No.  345). 

After  debate  Mr.  Aylward  of  Cambridge  moved  that  the  Con-  Adjournment. 
vention  adjourn;    and  this  motion  was  adopted,  by  a  vote  of  98 
to  29. 

Accordingly,  at  seventeen  minutes  past  four  o'clock  (Mr. 
Walker  of  Brookline  being  in  the  chair),  the  Convention  ad- 
journed, to  meet  on  Tuesday  next  at  half-past  ten  o'clock  A.M. 


642 


JOURNAL   OF  THE   CONVENTION, 


TUESDAY,  June  18,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
member  of  the  Convention. 


Reginald  T. 
Fitz- Randolph. 


Charles  T. 
Tatman. 


Joseph  J. 
Leonard. 


Nathan  P. 
Avery. 


Willfred  W. 
Lufkin. 


Leave  of  Absence. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,  That  Mr.  Fitz-Randolph  of  Nantucket  be  granted 
leave  of  absence,  under  Rule  13,  for  the  present  week,  because 
of  engagements  of  urgent  importance. 

On  motion  of  Mr.  Washburn  of  Worcester,  - 

Ordered,  That  Mr.  Tatman  of  Worcester  be  granted  leave  of 
absence  from  June  18  to  28,  inclusive,  because  of  duties  placed 
upon  him  by  the  Superior  Court. 

On  motion  of  Mr.  Horgan  of  Boston,  — 

Ordered,  That  Mr.  Leonard  of  Boston  be  granted  leave  of 
absence,  under  Rule  13,  for  the  current  week,  because  of  special 
legal  engagements  outside  the  Commonwealth. 

On  motion  of  Mr.  Coolidge  of  Milton,  — 

Ordered,  That  Mr.  Avery  of  Holyoke  be  granted  leave  of 
absence,  under  Rule  13,  for  the  current  week,  because  of  duties 
devolving  upon  him  as  a  member  of  a  draft-exemption  board. 

On  motion  of  Mr.  Hale  of  Haverhill,  — 

Ordered,  That  Mr.  Lufkin  of  Essex  be  granted  leave  of  absence, 
under  Rule  13,  because  of  duties  devolving  upon  him  as  a  mem- 
ber of  Congress. 


Pay-roll,  — 
compensation 
for  travelling 
expenses. 


Id. 


Compensation  of  Members  for  Travelling  Expenses. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent  Expenses 
and  Pay-Roil,  who  were  instructed  (by  an  order  adopted  at  the 
preceding  session)  to  make  up  the  pay-roll  for  the  travelling 
expenses  of  members  of  the  Convention  for  the  1918  session, 
reported  recommending  that  the  following  order,  with  the  accom- 
panying schedule,  be  adopted:- 

Ordered,  That  the  accompanying  schedule,  showing  that  the 
sum  of  $27,812.50  is  due  the  members  of  the  Constitutional 
Convention  for  compensation  for  travelling  expenses,  is  approved, 
and  that  the  same  be  sent  to  the  Governor  and  Council. 

The  order  was  considered  forthwith,  and  was  adopted;  and 
the  schedule  was  signed  by  the  President. 


TUESDAY,  JUNE  18,  1918.  643 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

Relative  to  prohibiting  the  granting  of  franchises  for  longer  Granting  of 
terms  than  fifty  years  (Doc.  No.  249);  franchises. 

To    provide   for    the    ownership,    purchase    and    operation    of 
public  utilities  (Doc.  No.  243);   and 

To  empower  the  General  Court  to  make  absolute  the  liabilities  Liability 
of  casualty  insurance  companies  to  persons  injured  by  accident  fns^m!^ 

(DOC.  No.  256);  companies. 

Were  severally  considered;    and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Public  Affairs. 


The   Resolution   providing   for   state,    county    and    municipal 
ownership    of    public    utilities    (Doc.    No.    245)    (accompanying  — 
the  petition  of  the  Massachusetts  State  Branch  of  the  American  ownershlP- 
Federation  of  Labor)  was  considered. 

The  committee  on  Public  Affairs  having  reported  recom- 
mending that  the  petitioner  have  leave  to  withdraw,  the  report 
was  accepted;  and  the  proposal  was  rejected. 

The  Resolution  relative  to  the  duty  of  the  Commonwealth 
toward  women  before  and  after  childbirth  (Doc.  No.  260)  was 
considered;  and  the  proposal  was  rejected,  as  recommended  by 
the  committee  on  Social  Welfare. 

Resolutions  — 

Relative  to  uniformity  in  real  estate  assessments  for  taxation  Real  estate,  — 
(Doc.  No.  291); 

Relative  to  taxation  of  real  estate  (Doc.  No.  298)  ;  and  Slati?nate>  ~~ 

Relative  to  the  taxation  of  agricultural  or  farming  lands  and  Agricultural 

products  (DOC.  No.  300);  landsjmd 

Were  severally  considered;    and  the  proposals  were  severally  p 
rejected,  as  recommended  by  the  committee  on  Taxation. 

The  Resolution  relative  to  the  manner  in  which  the  General  issuance  of 
Court  may  authorize  the  issuance  of  bonds   (Doc.  No.  279,  —  Municipalities. 
so  much  thereof  as  relates  to  the  issuance  of  bonds  by  any  city 
or  town  or  other  civil  division)  was  considered;    and  the  pro- 
posal   was    rejected,    as    recommended    by    the    committees    on 
County  and   District   Government  and  Municipal  Government, 
sitting  jointly. 

Resolutions  — 

To  limit  the  volume  of  business  before  the  General  Court  and  g^[a!_ 
to  fix  individual  responsibility  for  legislative  action  (Doc.  No.  volume  of 
172);  and  business. 

Relative  to  the  establishment  of  districts  for  the  election  of  gj™j;aL 
Representatives  to  the  General  Court  (Doc.  No.  81);  representative 

Were  severally  considered;    and  the  proposals  were  severally  districts. 
rejected,   as   recommended   by   the   committee   on   The   General 
Court. 


644 


JOURNAL  OF  THE  CONVENTION, 


Municipal 
officers,  — 
election. 


Office  of 
county  com- 
missioner, — - 
abolition. 


Incompati- 
bility of 
offices. 


Appointment 
of  judges. 


Mr.  Anderson, 
—  amendment. 


Mr.  Blackmur, 
—  amendment. 


Mr. E.U.Curtis, 
—  amendment. 


Quorum. 


Previous 
question. 


The  Resolution  relative  to  applying  all  laws  and  legal  pro- 
visions governing  the  election  of  state  officers  to  the  election  of 
all  municipal  officers  (Doc.  No.  283)  was  considered;  and  the 
proposal  was  rejected,  as  recommended  by  the  committee  on 
Suffrage. 

The  Resolution  relative  to  abolishing  the  office  of  county 
commissioner  (Doc.  No.  155)  was  considered;  and  the  proposal 
was  rejected,  as  recommended  by  the  committee  on  County  and 
District  Government. 

The  Resolution  relative  to  the  incompatibility  of  offices 
(Doc.  No.  119)  was  considered;  and  the  proposal  was  rejected, 
as  recommended  by  the  committee  on  State  Administration. 

The  Resolution  (recommitted)  providing  for  the  appointment 
of  judges  for  specific  terms  (Doc.  No.  193),  being  the  unfinished 
business  of  the  preceding  session,  was  considered  further,  the 
main  question  being  on  the  rejection  of  the  proposal,  as  recom- 
mended by  the  committee  on  the  Judiciary. 

After  debate  Mr.  Anderson  of  Newton  moved  that  the  amend- 
ment previously  moved  by  Mr.  Mancovitz  of  Boston  (that  the 
resolution  be  amended  by  the  substitution  of  a  Resolution  pro- 
viding for  the  appointment  of  judges  for  specific  terms,  Doc. 
No.  345)  be  amended  by  striking  out  lines  3  to  28,  inclusive,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

"The  legislature  shall  have  the  power  to  establish  an  age  for 
the  compulsory  retirement  of  judges." 

Mr.  Blackmur  of  Quincy  moved  that  the  amendment  pre- 
viously moved  by  Mr.  Mancovitz  be  amended  by  striking  out 
lines  3  to  28,  inclusive,  and  inserting  in  place  thereof  the  follow- 
ing paragraph :  — 

"The  governor,  by  and  with  the  consent  of  the  council,  may 
retire  any  judicial  officer  because  of  advanced  age,  mental  or 
physical  incapacity." 

After  further  debate  (Mr.  Cox  of  Boston  being  in  the  chair) 
Mr.  Edwin  U.  Curtis  of  Boston  moved  that  the  amendment 
moved  by  Mr.  Blackmur  be  amended  by  adding  at  the  end 
thereof  the  words  ",  and  the  general  court  may  provide  pensions 
for  judges  so  retired". 

There  being  no  objection  Mr.  Blackmur  accepted,  as  a  part  of 
his  amendment,  the  amendment  moyed  by  Mr.  Curtis. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
Chair  (Mr.  Cox  of  Boston)  declared  a  recess  until  two  o'clock; 
at  which  hour  the  Convention  reassembled,  with  the  President 
in  the  chair. 

Mr.  Barrett  of  Cambridge  moved  that  the  Sergeant-at-Arms 
be  instructed  to  secure  the  attendance  of  a  quorum;  and  this 
motion  prevailed. 

On  the  appearance  of  a  quorum  (Mr.  Gleason  of  Andover 
being  in  the  chair)  and  after  debate  (the  President  having 
returned  to  the  chair)  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 


TUESDAY,  JUNE  18,  1918.  645 

The  amendment  moved  by  Mr.  Anderson  was  then  rejected;  amendments 
the    amendment    moved    by    Mr.    Blackmur    (as    modified)    was 
adopted,  by  a  vote  of  107  to  69;   and  the  amendment  previously 
moved  by  Mr.  Mancovitz,  as  thus  amended,  was  adopted. 

The  rejection  of  the  proposal  was  then  negatived,  by  a  vote  of  66 
to  128;  and  the  resolution,  as  amended  (Doc.  No.  380),  was  placed 
in  the  Orders  of  the  Day  for  the  next  session  for  a  second  read- 
ing. 


The  Resolution  (recommitted)  relative  to  the  appointment  of  _ 

judicial  officers  for  a  term  of  seven  years   (Doc.  No.   192)  was  seven-year 
considered,  the  question  being  on  the  rejection  of  the  proposal,  as  term> 
recommended  by  the  committee  on  the  Judiciary. 

Mr.    Aylward    of    Cambridge    moved    that   the   resolution   be  Mr.  Ayiward, 
amended  by  striking  out  lines  3  to  12,  inclusive,  and  inserting  in    . 
place  thereof  the  following  paragraph  :  — 

"All  judges  of  police,  district  and  municipal  courts,  duly  ap- 
pointed, commissioned  and  sworn,  shall  hold  office  for  the  term 
of  seven  years,  and  upon  the  expiration  of  such  term  they  may 
be  reappointed.  The  present  judges  of  said  courts  shall  hold 
their  offices  for  the  term  of  seven  years  from  the  date  of  the 
adoption  of  this  amendment  by  the  people." 

After  debate  the  amendment  was  rejected,  by  a  vote  of  53  to 
79. 

Mr.   Lomasney   of   Boston  raised   the   point   of   order  that   a  Quorum. 
quorum  was  not  present.     A  count  of  the  Convention  showed 
that  174  members  were  present. 

The  proposal  was  then  rejected. 

The  Resolution  (recommitted)  relative  to  the  tenure  of  office  Judicial 
of   the   judiciary   (Doc.   No.    191)   was  considered,   the  question  tenS? 
being  on  the  rejection  of  the  proposal,  as  recommended  by  the 
committee  on  the  Judiciary. 

Mr.    Mancovitz    of    Boston    moved    that    the    resolution    be  Mr.Manco- 
amended  by  the  substitution  of  a  Resolution  providing  for  the  amendment. 
appointment  of  judges  for  specific  terms  (Doc.  No.  345). 

Mr.  Luce  of  Waltham  moved  the  previous  question;    and  this  Previous 
motion,  after  debate,  was  adopted. 

On  the  question  on  the  adoption  of  the  amendment,  61  mem- 
bers voted  in  the  affirmative  and  108  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Amendment 
at  the  request  of  Mr.  Mancovitz;    and  on  the  roll  call  61  mem-  reJected- 
bers  voted   in   the  affirmative   and  142  in  the  negative,  as  fol- 
lows :  — 

YEAS. 

Messrs.  Adams,  Smith  J.  Messrs.  Corrigan,  Robert  S. 

Aylward,  James  F.  Coughlan,  William  J. 

Bicknell,  Wallace  H.  Creamer,  Walter  H. 

Brennan,  James  H.  Daley,  Peter 

Broderick,  Patrick  S.  Derbyshire,  James  H. 

Burrell,  Fred  J.  Donoghue,  John  A. 

Callahan,  Timothy  F.  Donovan,  Daniel  R. 

Carr,  Edward  Donovan,  Thomas  F. 

Clark,  Ezra  W.  Driscoll,  Dennis  D. 


646 


JOURNAL   OF  THE   CONVENTION, 


Messrs.  Driscoll,  Timothy  J. 
Flynn,  Maurice  R. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Kilbon,  John  L. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Moran,  William 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Balch,  Francjs  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brine,  Henry  C. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Howell 


Messrs.  O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Theller,  Ralph  L. 
Walker,  George 
Webster,  George  P. 


NAYS. 


Messrs.  Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Doran,  James  P. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flaherty,  William 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Lane,  Daniel  W. 
Lane,  Dwight  F. 


TUESDAY,  JUNE  18,  1918. 


647 


Messrs.  Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
McAnarney,  John  W. 
Merriam,  John  M. 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Murley,  Joseph  J. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 


Messrs.  Sawyer,  Roland  D. 
Shattuck,  Josiah  B. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H.    . 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 


61  yeas;  142  nays. 


Therefore    the    amendment    moved    by    Mr.    Mancovitz    was 

rejected. 

Pending  the  question  on  the  rejection  of  the  proposal,  — 

At   twenty-two   minutes   before   five   o'clock,   under   the   pro-  Adjournment. 

visions  of  a  standing  order  requiring  adjournment  at  half-past  four 

o'clock,  the  President  declared  the  Convention  adjourned,  to  meet 

to-morrow  at  half-past  ten  o'clock  A.M. 


648 


JOUKNAL  OF  THE  CONVENTION, 


WEDNESDAY,  June  19,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

The  Secretary  announced  the  absence  of  the  President,  and 
stated  that  Mr.  Pillsbury  of  Wellesley  had  been  appointed  to 
perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Hubert  C. 
Thompson. 


David  I. 

Walsh. 


Leave  of  Absence. 

On  motion  of  Mr.  Dutch  of  Winchester,  — 

Ordered,  That  Mr.  Thompson  of  Haverhill  be  granted  leave  of 
absence,  under  Rule  13,  at  such  times  as  his  services  may  be 
required  in  the  United  States  Merchant  Marine. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,  That  Mr.  Walsh  of  Fitchburg  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  illness. 


Stenographic 
reports  of 
certain 
debates,  — 
printing. 


Printing  Reports  of  Certain  Debates. 

The  following  order,  offered  by  Mr.  Bosworth  of  Springfield, 
was  referred,  under  the  provisions  of  a  standing  order,  to  the 
committee  on  Rules  and  Procedure:  — 

Ordered,  That  the  stenographic  report  of  future  debates  upon 
all  matters  favorably  acted  upon,  be  printed  for  the  use  of  the 
delegates,  if  possible  before  the  next  reading;  and  that  mem- 
bers desiring  to  revise  their  remarks  be  required  to  return  the 
copies  thereof  promptly  to  the  doorkeeper. 


Judicial 
officers,  • 
salaries. 


Judicial 
officers,  • 
tenure. 


Question  of 
procedure. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  (recommitted)  relative  to  the  salaries  of 
judicial  officers  (Doc.  No.  91)  was  considered;  and  the  pro- 
posal was  rejected,  as  recommended  by  the  committee  on  the 
Judiciary. 

The  Resolution  (recommitted)  relative  to  the  tenure  of  office 
of  the  judiciary  (Doc.  No.  191),  being  the  unfinished  business 
of  the  preceding  session,  was  considered  further,  the  question 
being  on  the  rejection  of  the  proposal,  as  recommended  by  the 
committee  on  the  Judiciary. 

Mr.  O'Connell  of  Boston  rose  to  debate  the  proposition; 
whereupon  the  Chair  (Mr.  Pillsbury)  stated  that,  the  main  ques- 
tion having  been  ordered  and  the  time  for  debate  having  ex- 
pired, no  further  debate  was  in  order. 


WEDNESDAY,  JUNE  19,  1918.  649 

Mr.  O'Connell  then  asked  unanimous  consent  to  make  a  state- 
ment.    Objection  was  made  by  Mr.  Underbill  of  Somerville. 
The  proposal  was  then  rejected. 

The  Resolution  providing  for  home  rule  for  cities  and  towns  Municipal 
(Doc.   No.   99,  —  so   much   thereof   as  relates   to   the   power  of  taxation- 
municipalities  to    "classify    property    for    taxation    at    varying 
rates"   and  to   "exempt  any  class  of  property  from  taxation") 
was  considered;    and  the  proposal  was  rejected,  as  recommended 
by  the  committee  on  Taxation. 

Resolutions  — 

To  provide  for  local  self-government  by  muncipalities   (Doc.  Municipal 

NO.  228);    and  home  rule. 

Relative  to  granting  power  to  cities  and  towns  to  authorize  Lord's  Day,— 
athletic  contests  on  the  Lord's  Day  (Doc.  No.  225) ;  ^8etic  con' 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Municipal  Gov- 
ernment. 

The  Resolution  relative  to  prohibiting  the  granting  of  special  Special 
privileges  to  individuals,  corporations  or  associations  (Doc.  No.  pnvileges> 
105)  was  considered;    and  the  proposal  was  rejected,  as  recom- 
mended by  the  committee  on  Public  Affairs. 

The   Resolution   relative   to   the   revocation   or   alteration   of  Franchises, 
grants,  franchises,  privileges  or  immunities  (Doc.  No.  103)  was  revocation. 
considered,  the  question  being  on  the  rejection  of  the  proposal, 
as  recommended  by  the  committee  on  Public  Affairs. 

After  debate  Mr.  Creamer  of  Lynn  moved  that  the  resolution  Mr.  Creamer, 
be  amended  by  striking  out  lines  4,  5  and  6,  and  inserting  in  -amendment. 
place  thereof  the  following  paragraph:  — 

"Every  act  of  incorporation,  charter  or  franchise  shall  forever 
remain  subject  to  revocation  and  amendment." 

Mr.    Clapp    of    Lexington    moved    that    the    amendment    be  Mr.  ciapp,  — 
amended    by   adding   at   the   end    thereof   the   words    "by   the  amendment. 
general  court". 

After  debate  the  previous  question  was  ordered,   on  motion  Previous 
of  Mr.  Chandler  of  Somerville.  question' 

After  further  debate  the  amendment  moved  by  Mr.  Clapp 
was  rejected,  by  a  vote  of  77  to  88;  and  the  amendment  moved 
by  Mr.  Creamer  was  adopted. 

The  rejection  of  the  proposal  was  negatived;  and  the  resolu-  Rejection 
tion,  as  amended,  was  placed  in  the  Orders  of  the  Day  for  the  "P*"*1**1 
next  session  for  a  second  reading. 

Resolutions  — 

Relative  to  limiting  the   granting   of  franchises   to  terms   of  Granting  of 
twenty-five  years  (Doc.  No.  250); 

Relative  to  empowering  cities  and  towns  to  acquire,  own  and 
operate  public  utilities  (Doc.  No.  101); 

Relative  to  the  public  ownership  and  operation  of  street  rail- 
ways  (Doc.  No.  246);  and 


650 


JOURNAL  OF  THE  CONVENTION, 


Gas  and 

electric 

plants. 


Homes 
for  citizens. 


Mr.  Quincy,  - 
amendments. 


Similar 
resolution. 


Recess. 


Quorum. 


Mr.  Ferry,  — 
amendment. 


Motion  to 
commit. 


Mr.  Kilbon, 
amendment. 


Previous 
question. 


Mr.  Quincy,  - 
amendments 
rejected. 


To  provide  for  municipal  ownership  of  plants  for  the  manu- 
facture, use  and  sale  of  gas  and  electricity  (Doc.  No.  241); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Public  Affairs. 

The  Resolution  to  extend  the  power  of  the  Commonwealth  to 
provide  homes  for  citizens  (Doc.  No.  320)  was  read  a  second 
time. 

Mr.  Quincy  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  line  4,  the  words  "general  court  shall  have 
power  to  authorize  the";  and  by  inserting  after  the  word 
"thereof",  in  line  5,  the  words  "may  be  authorized  by  law". 

At  the  request  of  Mr.  Mahoney  of  Boston,  there  being  no 
objection,  the  Resolution  empowering  the  General  Court  to 
authorize  cities  and  towns  to  take  land  for  providing  homes  for 
citizens  (Doc.  No.  324)  was  placed  next  in  order  for  considera- 
tion, because  of  similarity  of  subject-matter. 

At  two  minutes  before  one  o'clock,  on  motion  of  Mr.  Kilbon 
of  Springfield,  a  recess  was  taken  until  two  o'clock;  at  which 
hour  the  Convention  reassembled,  with  Mr.  Pillsbury  in  the 
chair. 

The  Chair  requested  the  Sergeant-at-Arms  to  secure  the  attend- 
ance of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Ferry 
of  Northbridge  moved  that  the  resolution  be  amended  by  strik- 
ing out,  in  line  6,  the  word  "  ,  lease". 

After  further  debate  Mr.  Johnson  of  Worcester  moved  that 
the  resolution  be  referred  to  the  committees  on  Public  Affairs  and 
Social  Welfare,  sitting  jointly;  and  this  motion,  after  debate, 
was  negatived. 

Mr.  Kilbon  of  Springfield  moved  that  the  resolution  be 
amended  by  the  substitution  of  the  provisions  of  a  Resolution 
empowering  the  General  Court  to  authorize  cities  and  towns  to 
take  land  for  providing  homes  for  citizens  (printed  as  Doc. 
No.  324). 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Benton  of  Belmont. 

On  the  question  on  the  amendments  moved  by  Mr.  Quincy  56 
members  voted  in  the  affirmative  and  85  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
85  members  voted  in  the  affirmative  and  108  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bergengren,  Roy  F. 
Bigney,  Robert  E. 
,    Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 


Messrs.  Brennan,  James  H. 

Callahan,  Timothy  F. 
Coleman,  George  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Cummings,  John  W. 
Daly,  John  W. 
Dean,  Robert  A. 


WEDNESDAY,  JUNE  19,  1918. 


651 


Messrs.  Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Glazier,  Frederick  P. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leboeuf ,  Telesphore 
Love,  Joseph  A. 
Lowell,  James  A. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 


Messrs.  Balch,  Francis  N. 
Ballantyne,  John 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bols.ter,  Percy  G. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Collins,  Samuel  I. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 


Messrs.  Martin,  Martin  L. 

McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merrill,  George  Frye 
Moran,  William 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Talbot,  Harry  R. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Webster,  Francis  E. 
Webster,  George  P. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Crafts,  Lyman  A. 
Creed,  James  F. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Greenwood,  Hamlet  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 


652 


JOURNAL  OF  THE  CONVENTION, 


Adjournment. 


Messrs.  Kerr,  Alexander 

Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Luce,  Robert 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Mancovitz,  David 
McLaud,  Abner  S. 
Merriam,  John  M. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 


Messrs.  Robbins,  Edward  J. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


85  yeas;  108  nays. 

Therefore  the  amendments  moved  by  Mr.  Quincy  were 
rejected. 

Pending  the  question  on  the  amendment  moved  by  Mr. 
Ferry,  — 

At  twenty-four  minutes  before  five  o'clock,  under  the  provi- 
sions of  a  standing  order  requiring  adjournment  at  half-past 
four  o'clock,  the  Chair  (Mr.  Pillsbury  of  Wellesley)  declared  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


THURSDAY,  JUNE  20,   1918.  653 


THURSDAY,  June  20,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Form  of  Proposed  Amendments  of  the  Constitution. 

The  consideration  of  the  following  order,  offered  by  Mr.  Quincy 
of  Boston,  was  postponed  until  the  next  session,  at  the  request 
of  that  member:  — 

Ordered,   That   the   committee   on   Form   and   Phraseology   be  Proposed 
requested  to  report  any  proposed  amendments  to  the  Constitu- 
tion  referred  to  it  in  such  form  as  will  not  be  inconsistent  with  with  the 
the    provisions    of   the    Article   of   Amendment   relative   to   the  Initiative  and 
popular    initiative    and    referendum,    as    finally    passed    by    the  referendum- 
Convention   for   submission    to    the    people,    in   respect   to    the 
classes  of  measures  which  are  included  within,  and  the  classes 
of  measures  which  are  excluded  from,  the  operation  of  the  said 
amendment. 

,  Discharged  from  the  Orders  of  the  Day. 

The  Convention  having  proceeded  to  the  consideration  of  the  Advertising 
Orders   of  the   Day,   Mr.   Richardson   of   Newton  moved,  there 
being  no  objection,  that  the  Resolution  to  provide  for  the  regu- 
lation of  advertising  in  public  places  (Doc.  No.  53)  be  discharged 
therefrom;   and  this  motion  prevailed. 

Pending  the  question  on  the  rejection  of  the  proposal,  as 
recommended  by  the  committee  on  Social  Welfare,  the  further 
consideration  of  the  resolution  was  postponed  until  to-morrow, 
first  in  the  Orders  of  the  Day,  on  further  motion  of  the  same 
member. 

Orders  of  the  Day. 

The   Resolution  to  provide  for  true,   complete   and   accurate  Taxation, 
returns  of  all  personal  properties  which  may  be  subject  to  taxa- 
tion  (Doc.  No.  295)  was  considered;    and  the  proposal  was  re- 
jected, as  recommended  by  the  committee  on  Taxation. 

The  Resolution  relative  to  the  arrangement  of  districts  for  the  Senatorial 
election  of  members  of  the  Senate  (Doc.  No.   170)  was  consid-  districts- 
ered;    and  the  proposal  was  rejected,  as  recommended  by  the 
committee  on  The  General  Court. 

Resolutions  — 

Relative  to   ascertaining  the   qualifications   of  candidates  for  Candidate 
offices  to  be  voted  for  by  the  people  (Doc.  No.  129);    and 


654 


JOURNAL   OF   THE  CONVENTION, 


State  election, 
—  date. 


County 
officials,  — 
manner  of 
choice. 


Elected 
officers,  — 
removal. 


State 

and  county 
officers,  — 
recall. 


Relative  to  the  date  for  holding  the  annual  state  election  (Doc. 
No.  14); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Suffrage. 

The  Resolution  relative  to  the  manner  of  choice  of  district 
attorneys,  clerks  of  courts,  registers  of  probate  and  sheriffs  (Doc. 
No.  71)  was  considered;  and  the  proposal  was  rejected,  as  rec- 
ommended by  the  committee  on  County  and  District  Govern- 
ment. 

The  Resolution  relative  to  the  removal  of  certain  elected  offi- 
cers (Doc.  No.  167)  was  considered;  and  the  proposal  was  re- 
jected, as  recommended  by  the  committee  on  the  Executive. 

The  Resolution  authorizing  the  General  Court  to  pass  laws 
providing  for  the  recall  of  state  and  county  officers  (Doc.  No. 
121)  was  considered;  and  the  proposal  was  rejected,  as  recom- 
mended by  the  committee  on  State  Administration. 


Homes  for 
citizens. 


Voting  on 
amendments. 


Homes  for 
citizens. 


Quorum. 


Mr.  Bennett, 
—  amendment. 


Previous 
question. 


The  Resolution  to  extend  the  power  of  the  Commonwealth 
to  provide  homes  for  citizens  (Doc.  No.  320),  being  the  un- 
finished business  of  the  preceding  session,  was  considered  fur- 
ther, the  main  question  being  on  ordering  it  to  a  third  reading. 

The  amendment  previously  moved  by  Mr.  Ferry  of  North- 
bridge  was  rejected;  and  the  amendment  previously  moved  by 
Mr.  Kilbon  of  Springfield  (that  the  resolution  be  amended  by 
the  substitution  of  the  provisions  of  a  Resolution  empowering  the 
General  Court  to  authorize  cities  and  towns  to  take  land  for  pro- 
viding homes  for  citizens,  printed  as  Doc.  No.  324)  was  adopted, 
by  a  vote  of  52  to  48. 

The  resolution,  as  thus  amended,  was  then  ordered  to  a  third 
reading,  by  a  vote  of  60  to  51. 

The  Resolution  empowering  the  General  Court  to  authorize 
cities  and  towns  to  take  land  for  providing  homes  for  citizens 
(Doc.  No.  324)  was  read  a  second  time. 

After  debate  Mr.  Brown  of  Brockton  asked  for  a  count  of 
the  Convention,  to  ascertain  if  a  quorum  was  present.  A  count 
showed  that  144  members  were  present;  and  the  President 
requested  the  Sergeant-at-Arms  to  secure  the  attendance  of  a 
quorum. 

Mr.  Sullivan  of  Salem  moved  that  the  roll  of  the  Convention 
be  called;  and  this  motion  was  negatived. 

On  the  appearance  of  a  quorum  Mr.  Bennett  of  Saugus  moved 
that  the  resolution  be  amended  by  striking  out,  in  lines  6,  7  and 
8,  the  words  ",  and,  under  such  provisions  and  regulations  as  the 
general  court  may  establish  or  approve,  to  lease  or  rent". 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Underhill  of  Somerville. 

The  amendment  was  then  rejected,  by  a  vote  of  27  to  82; 
and  the  proposal  was  rejected. 


THURSDAY,  JUNE  20,  1918.  655 

The   Resolution  requiring  publicity  as   to  food   kept  in   cold  Food, —  cold 
storage   (Doc.  No.   106)  was  considered;    and  the  proposal  was  storage- 
rejected,  as  recommended  by  the  committee  on  Public  Affairs. 

The  Resolution  relative  to  industrial  rights  and  social  justice  industrial 
(Doc.  No.  248)  (accompanying  the  petition  of  Conrad  Reno)  was  IJffi justice 
considered. 

The  committee  on  Public  Affairs  having  reported  recommend- 
ing that  the  petitioner  have  leave  to  withdraw,  the  report  was 
accepted;  and  the  proposal  was  rejected.  I 

The  Resolution  to  prevent  the  granting  of  special  privileges  Special 
and  creating  class  distinction  among  the  people  of  this  Common-  anJcfas? 
wealth  (Doc.  No.  308)  was  read  a  second  time.  distinctions. 

Mr.  George  of  Haverhill  moved  that  the  resolution  be  amended  Mr.  George,  — 
by  striking  out  lines  4  to   17,  inclusive,  and  inserting  in  place  ai 
thereof  the  following  paragraph:  — 

"  In  order  to  prevent  those  who  are  vested  with  authority  from 
becoming  oppressors,  the  people  have  a  right,  at  such  periods 
and  in  such  manner  as  they  shall  establish  by  their  frame  of 
government,  to  cause  their  public  officers  to  return  to  private 
life;  and  to  fill  up  vacant  places  by  certain  and  regular  elections 
and  appointments;  and  no  public  official  or  public  employee  upon 
retirement,  excepting  soldiers  and  sailors  and  those  receiving  in- 
juries resulting  from  dangerous  and  hazardous  employments, 
shall  receive  any  pension,  gratuity  or  annuity  for  services  already 
rendered,  unless  and  until  a  system  of  civil  pensions  has  been 
approved  by  a  majority  of  the  voters  of  the  commonwealth 
voting  thereon  at  a  regular  state  election." 

After  debate  Mr.  Kinney  of  Boston  moved  that  the  resolution  Mr.  Kinney,  — 
be  amended  by  striking  out,  in  lines  4  to  10,  inclusive,  the  words  amendment- 
"In  order  to  prevent  those  who  are  vested  with  authority  from 
becoming  oppressors,  the  people  have  a  right,  at  such  periods 
and  in  such  manner  as  they  shall  establish  by  their  frame  of 
government,  to  cause  their  public  officers  to  return  to  private 
life;   and  to  fill  up  vacant  places  by  certain  and  regular  elections 
and  appointments;  and". 

Mr.    Underbill    of   Somerville   moved   that   the   resolution   be  Mr.  Underbill, 
amended  by  striking  out,  in  lines   13  and   14,  the  words  "one  -amendment, 
thousand",  and  inserting  in  place  thereof  the  words  "six  hun- 
dred". 

Mr.  Washburn  of  Middleborough  moved  that  the  resolution  be  Motion  to 
recommitted  to  the  committee  on  Bill  of  Rights;  and  this  recommit- 
motion,  after  debate,  was  negatived. 

Mr.  Sullivan  of  Salem  moved  that  the  resolution  be  amended  gJjj^^L. .-• 
by  inserting  after  the  word  "town",  in  line  12,  the  words  "or  amendment, 
any  other  political  subdivision  of  the  commonwealth". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
President   declared   a  recess  until   two   o'clock;    at  which  hour 
the  Convention  reassembled. 

Mr.  Dutch  of  Winchester  doubted  the  presence  of  a  quorum;  Quorum. 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 


656 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Glazier,  - 
amendments. 


Mr.  Dutch,  — 
amendment. 


Mr.  Bouv6,  — 
amendments. 


Mr.  E.  G. 

Sullivan,  — 
amendment. 


Previous 
question. 


Amendments 
rejected. 


Social 
insurance. 


On  the  appearance  of  a  quorum,  and  after  debate,  Mr.  Glazier 
of  Hudson  moved  that  the  resolution  be  amended  by  striking  out, 
in  lines  13  and  14,  the  words  "in  amount  exceeding  the  rate  of 
one  thousand  dollars  per  annum",  and  inserting  in  place  thereof 
the  words  ",  except  as  may  be  provided  by  a  contributory 
system  established  by  the  general  court";  by  inserting  before  the 
word  "veterans",  in  line  15,  the  words  "nor  to";  and  by  strik- 
ing out,  in  lines  15,  16  and  17,  the  words  "nor  to  pensions  for 
which  such  person  has  contributed  according  to  law". 

Mr.  Dutch  of  Winchester  moved  that  the  resolution  be 
amended  by  striking  out  lines  4  to  17,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph :  — 

"In  order  to  prevent  the  granting  of  special  privileges  and  the 
creation  of  class  distinctions,  pensions  or  other  like  emoluments 
shall  be  granted  to  those  who  have  served  the  commonwealth  or 
any  political  division  thereof  only  by  general  law,  and,  except  in 
case  of  persons  who  have  contributed  toward  said  pensions  or 
who  have  been  permanently  injured  in  dangerous  or  hazardous 
occupations,  only  when  and  to  the  extent  that  they  may  be 
dependent  thereon." 

Mr.  Bouve*  of  Hingham  moved  that  the  resolution  be  amended 
by  inserting  before  the  words  "war  pensions",  in  line  15,  the 
word  "existing";  and  by  striking  out,  in  the  same  line,  the  words 
"veterans  of  the  civil  war",  and  inserting  in  place  thereof  the 
words  "to  war  pensions  hereafter  granted  by  the  general  court". 

Mr.  Sullivan  of  Salem  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  14  to  17,  inclusive,  the  words  "This 
amendment  shall  not  apply  to  war  pensions,  veterans  of  the 
civil  war  nor  to  pensions  for  which  such  person  has  contributed 
according  to  law ",  and  inserting  in  place  thereof  the  words 
"This  amendment  shall  not  apply  to  those  who  have  actively 
and  honorably  served  in  the  army  or  navy  of  the  United  States 
in  time  of  war,  nor  to  pensions  for  which  applicants  have  con- 
tributed according  to  law  ". 

After  further  debate  Mr.  Chandler  of  Somerville  moved  the 
previous  question. 

Mr.  Creamer  of  Lynn  then  moved  that  the  resolution  be  laid 
on  the  table;  and  this  motion,  after  debate,  was  negatived. 

The  main  question  was  then  ordered. 

Messrs.  Bouve,  Underbill  and  George  withdrew  the  amend- 
ments moved  by  them,  there  being  no  objection. 

The  amendment  moved  by  Mr.  Kinney  was  then  rejected,  by  a 
vote  of  59  to  85;  the  amendment  of  line  12,  moved  by  Mr.  Sul- 
livan of  Salem,  and  the  amendments  moved  by  Mr.  Glazier  were 
severally  rejected;  the  remaining  amendment  moved  by  Mr. 
Sullivan  was  rejected,  by  a  vote  of  49  to  88;  and  the  amendment 
moved  by  Mr.  Dutch  was  rejected. 

The  resolution  was  then  ordered  to  a  third  reading,  by  a  vote 
of  135  to  12. 

The  report  of  the  committee  on  Social  Insurance,  submitting 
certain  conclusions  and  resolutions  (Doc.  No.  327),  was  con- 
sidered. 


THURSDAY,  JUNE  20,  1918.  657 

Mr.  Washburn  of  Worcester  moved  that  the  report  be  amended  ^gn^u?n  _ 
(in  part)  by  the  substitution  of  a  Resolution  relative  to  the  amendment. 
establishment  of  systems  of  social  insurance  (Doc.  No.  382). 

After  debate  (Mr.  Creed  of  Boston  being  in  the  chair)  Mr. 
Gleason  of  Andover  moved  that  the  Convention  adjourn;  and 
this  motion  prevailed. 

Accordingly,  at  twenty-three  minutes  past  four  o'clock   (Mr.  Adjournment. 
Creed  being  in  the  chair)  the  Convention  adjourned,  to  meet 
to-morrow  at  half-past  ten  o'clock  A.M. 


658 


JOURNAL   OF  THE   CONVENTION, 


FRIDAY,  June  21,  1918, 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Privileges 
of  the  club 
house  of 
the  Boston 
City  Club. 


Invitation  of  the  Boston  City  Club. 

A  communication,  signed  by  the  secretary  of  the  Executive 
Committee  of  the  Boston  City  Club,  renewing  its  invitation  to 
the  members  of  the  Convention  to  avail  themselves  of  the  priv- 
ileges of  the  club  house  during  the  term  of  the  Convention  session, 
was  read;  and  it  was  placed  on  file. 

On  motion  of  Mr.  Bryant  of  Milton,  — 

Voted,  That  the  thanks  of  the  Convention  be  extended  to  the 
officials  of  the  Boston  City  Club  for  their  courtesy. 


Louis  A. 
Coolidge. 


Stenographic1 
reports  of     f'l 
certain  debates, 
—  printing. 


Proposed 
amendment 
of  Rule  49. 


Leave  of  Absence. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 
Ordered,   That  Mr.   Coolidge   of   Milton   be   granted  leave   of 
absence,  under  Rule  13,  until  Thursday,  June  27,  on  account  of 
duties  at  Washington,  D.  C.,  in  connection  with  the  ship-building 
labor  adjustment  board. 

Printing  of  Reports  of  Certain  Debates. 

Mr.  Hall  of  Taunton,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  following  order  (offered  by  Mr. 
Bosworth  of  Springfield  on  June  19),  reported  recommending 
that  the  same  be  not  adopted:  — 

Ordered,  That  the  stenographic  report  of  future  debates  upon 
all  matters  favorably  acted  upon,  be  printed  for  the  use  of  the 
delegates,  if  possible  before  the  next  reading;  and  that  members 
desiring  to  revise  their  remarks  be  required  to  return  the  copies 
thereof  promptly  to  the  doorkeeper. 

The  order  was  considered  forthwith;  and  it  was  rejected,  as 
recommended  by  the  committee. 

Proposed  Amendment  of  Rule  49. 

Mr.  Underhill  of  Somerville,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  following  motion  (made  by 
Mr.  Underhill  on  June  13),  reported  recommending  that  the 
same  be  not  adopted:  — 

That  Rule  49  be  amended  by  striking  out  the  word  "forty", 
and  inserting  in  place  thereof  the  word  "fifty",  —  so  as  to  read 
as  follows:  "49.  On  all  questions  the  sense  of  the  Convention 


FRIDAY,  JUNE  21,   1918.  659 

shall  be  taken  by  yeas  and  nays,  provided  fifty  members  so 
require.  No  member  shall  be  allowed  to  vote  who  enters  the 
Convention  after  the  vote  is  declared.  The  names  of  the  mem- 
bers shall  be  called  in  alphabetical  order." 

The  motion  was  considered  forthwith;  and  it  was  rejected,  as 
recommended  by  the  committee. 

Proposal  to  Amend  the  Constitution. 

Mr.  Powers  of  Newton,  for  the  committee  on  Rules  and  Pro-  Milk  dealers, 
cedure,  to  whom  was  referred  the  motion  (made  by  Mr.  Sawyer 
of  Ware  on  June  13)  to  suspend  Rule  35  on  the  Resolution  giving 
the  General  Court  power  to  enact  legislation  to  require  that  per- 
sons, firms,  associations  or  corporations  dealing  in  milk  or  cream 
shall  give  a  bond  for  prompt  payments  for  milk  and  cream  to 
the  producer  thereof,  —  reported  recommending  that  said  rule 
be  not  suspended. 

The  motion  was  considered  forthwith;  the  Convention 
refused  to  suspend  Rule  35;  and  the  resolution  was  placed 
on  file. 

Report  of  a  Special  Committee. 

Mr.  Churchill  of  Amherst,  for  the  special  committee  appointed  Public 
during  the  recess   (under  authority  given   the  President  by  an  —  uniform 
order  adopted  on  November  27,  1917)  "charged  with  the  duty 
of  making  certain  that  the  world  war  had  revealed  no  consti- 
tutional problems  for  the  consideration  of  our  Convention  that 
were  not  already  before  it,"    —  reported,  under  Rule  25,  a  Reso- 
lution  relative   to   uniform   standards   of  instruction   for    public 
education    (Doc.    No.    385)    [Messrs.     Morton    of    Fall    River, 
Lomasney    of    Boston    and    Edwin    U.    Curtis    of    Boston    dis- 
senting.] 

The  resolution  was  read;  and  it  was  placed  in  the  Orders  of 
the  Day  for  the  next  session  for  a  second  reading. 

Form  of  Proposed  Amendments  of  the  Constitution. 

The  following  order,  offered  by  Mr.  Quincy  of  Boston,  the 
consideration  of  which  was  postponed  from  the  preceding  session, 
was  considered :  — 

Ordered,    That   the   committee   on   Form   and   Phraseology   be  proposed 
requested  to  report  any  proposed  amendments  to  the  Constitu- 
tion  referred  to  it  in  such  form  as  will  not  be  inconsistent  with  with  the 
the    provisions    of    the    Article    of    Amendment   relative    to    the  f^tiative  and 
popular    initiative    and    referendum,    as    finally    passed    by    the  referendum. 
Convention    for    submission    to    the    people,    in    respect    to    the 
classes  of  measures  which  are  included  within,  and  the  classes 
of  measures  which  are  excluded  from,  the  operation  of  the  said 
amendment. 

Mr.  Quincy  moved  that  the  order  be  referred  to  the  com- 
mittee on  Rules  and  Procedure;  and  this  motion  prevailed. 


660 


JOURNAL  OF  THE  CONVENTION, 


Orders  of 
the  Day,  — 
calling  of 
the  Calendar. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  President  proceeded  to  the  calling  of  the  Calendar,  in 
accordance  with  a  vote  previously  passed;  whereupon 

Mr.  Anderson  of  Newton  moved  that  the  calling  of  the  Cal- 
endar be  dispensed  with,  and  that  the  Convention  proceed  to  the 
consideration  of  the  Orders  of  the  Day  in  order;  and  this  motion, 
after  debate,  was  negatived. 


Representative 
districts. 


Clerks  of 
courts. 


Resolution  relative  to  prohibiting  the  manufacture  and 
sale  of  intoxicating  liquors  containing  more  than  twenty-five  per 
cent  of  alcohol  (Doc.  No.  221)  was  considered;  and  the  proposal 
was  rejected,  as  recommended  by  the  committee  on  the  Liquor 
Traffic. 

The  Resolution  relative  to  the  method  of  apportionment  of 
Representatives  to  the  General  Court  (Doc.  No.  181)  (accom- 
panying the  petition  of  Martin  Hays)  was  considered. 

The  committee  on  The  General  Court  having  reported  recom- 
mending that  the  petitioner  have  leave  to  withdraw,  the  report 
was  accepted;  and  the  proposal  was  rejected. 

The  Resolution  relative  to  the  selection  of  clerks  of  courts  by 
the  justices  thereof  (Doc.  No.  215)  was  considered;  and  the  pro- 
posal was  rejected,  as  recommended  by  the  committee  on  the 
Judiciary. 

Discrimination       »phe  Resolution  to  prohibit  discrimination  on  account  of  sex 

on  account  .  .  •  i     i        •  i  i>  /~r\  -VT        /->o\ 

of  sex.  in  connection  with  business  and  professions  (Doc.  No.  68)  was 

considered;    and  the  proposal  was  rejected,  as  recommended  by 
the  committee  on  Bill  of  Rights. 

The  report  of  the  committee  on  Social  Insurance,  submitting 
certain  conclusions  and  resolutions  (Doc.  No.  327),  being  the 
unfinished  business  of  the  preceding  session,  was  considered 
further. 

Mr.  Bodfish  of  Barnstable  moved  that  the  report  be  amended 
(in  part)  by  the  substitution  of  a  Resolution  to  empower  the 
General  Court  to  establish  systems  of  pensions,  compensation 
or  insurance  (Doc.  No.  378),  which  was  read. 

After  debate  Mr.  O'Connell  of  Boston  asked  for  a  count  of  the 
Convention,  to  ascertain  if  a  quorum  was  present.  A  count 
showed  that  121  members  were  present;  and  the  President  re- 
quested the  Sergeant-at-Arms  to  secure  the  attendance  of  a 
quorum. 

On  the  appearance  of  a  quorum,  and  after  debate  (Mr.  Newton 
of  Everett  being  in  the  chair),  Mr.  Dresser  of  Worcester  moved 
that  the  report  be  amended  (in  part)  by  the  substitution  of  a 
Resolution  to  establish  systems  of  social  insurance  (Doc.  No. 
383),  which  was  read. 

After  further  debate  Mr.  Brown  of  Brockton  moved  that  the 
amendment  previously  moved  by  Mr.  Washburn  of  Worcester 


Social 
insurance. 


Mr.  Bodfish,  — 
amendment. 


Quorum. 


Mr.  Dresser,  — 
amendment. 


Mr.  Brown,  - 
amendment. 


FRIDAY,  JUNE  21,  1918. 


661 


(that  the  report  be  amended,  in  part,  by  the  substitution  of  a 
Resolution  relative  to  the  establishment  of  systems  of  social 
insurance,  Doc.  No.  382)  be  amended  by  striking  out,  in  line  4, 
the  words  "social  insurance,  including". 

Mr.  Brown  also  moved  that  the  amendment  moved  by  Mr.  Mr.  Brown,— 
Dresser  be  amended  by  striking  out  in  lines  12  to  18,  inclusive,  ai 
the  words  ",  payable  from  or  provided  by  a  fund   or  funds  or 
system   or   systems   of   insurance   created   and   administered   by 
public  or  by  private  agencies,  and  consisting  of  contributions  or 
premiums   paid    by   the    commonwealth,    by   any   civil   division 
thereof,  by  employers,  by  the  persons  to  be  benefited  or  insured, 
or  by  any  combination  thereof." 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair    (Mr.    Newton)    declared   a   recess   until   two   o'clock;     at 
which  hour  the  Convention  reassembled,  with  the  President  in 
the  chair. 

Mr.  Boucher  of  New  Bedford  doubted  the  presence  of  a  quo-  Quorum. 
rum;  and  the  President  requested  the  Sergeant-at-Arms  to  secure 
the  attendance  of  a  quorum. 

Mr.  Bodfish  of  Barnstable  moved  that  the  Convention  resolve  Committee  of 
itself  into  Committee  of  the  Whole,  for  the  purpose  of  considering  tl 
the  pending  matter;  and  this  motion  was  negatived. 

Mr.  Gleason  of  Andover  moved  that  the  roll  of  the  Convention 
be  called;    and  this  motion  prevailed. 

The  roll  was  then  called;    and  165  members  answered  to  their 
names,  as  follows :  — 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bates,  John  L. 
Bauer,  Ralph  S. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Bouve*,  Walter  L. 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 


Messrs.  Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 


662 


JOUBNAL   OF  THE   CONVENTION, 


Messrs.  Ferry,  James  R. 
Flaherty,  William 
Fraser,  Eugene  B. 
Gartland,  John  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  BushneU 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCormack,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
MitcheU,  Charles 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 


Messrs.  Myron,  John  F. 

Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'ConneU,  John  P. 
O'Connell,  Joseph  F. 
Parker,  Herbert 
Parkman,  Henry 
Peterson,  Patrick 
PiUsbury,  Albert  E. 
Powers,  Samuel  L. 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
White,  John  A. 
Whittier,  Eugene  P. 
Willett,  George  Franklin 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Mr.  W.  H. 

Sullivan,  — 
amendment. 


Previous 
question. 


Quorum. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  Mr.  William  H.  Sullivan  of  Boston  moved  that 
the  amendment  moved  by  Mr.  Dresser  be  amended  by  striking 
out,  in  line  8,  the  word  "and",  and  inserting  in  place  thereof  the 
word  "or". 

After  further  debate  Mr.  Sawyer  of  Ware  moved  the  previous 
question;  and  this  motion,  after  debate,  was  adopted. 

The  first  amendment  move  by  Mr.  Brown  of  Brockton  was 
then  rejected. 

Mr.  John  W.  Daly  of  Lowell  doubted  the  presence  of  a  quo- 
rum. A  count  of  the  Convention  showed  that  165  members  were 
present. 


FRIDAY,  JUNE  21,  1918.  663 

The    amendment    previously    moved     by    Mr.    Washburn    of  Resolution 
Worcester  was   then  adopted,  by  a  vote   of   98   to  41 ;   and  the  Sl 
resolution   (Doc.   No.   382)    was  read,  and  it  was  placed  in  the 
Orders  of  the  Day  for  the  next  session  for  a  second  reading. 

The  amendment  moved  by  Mr.  Bodfish  was  rejected,  by  a  vote 
of  42  to  100. 

Mr.  Brown  then  withdrew  the  remaining  amendment  moved 
by  him,  there  being  no  objection. 

The  amendment  moved  by  Mr.  Sullivan  was  rejected,  by  a 
vote  of  51  to  74;  and  the  amendment  moved  by  Mr.  Dresser 
was  rejected. 

The  Resolution   to   provide  for  the  regulation   of  advertising  Advertising  in 
in  public  places  (Doc.  No.  53)  was  considered,  the  question  being  public  places- 
on  the  rejection  of  the  proposal,  as  recommended  by  the  com- 
mittee on  Social  Welfare. 

Mr.  Kelley  of  Rockland  moved  that  the  resolution  be  amended  Mr.  G.  w. 
by  striking  out  lines   1   to   6,  inclusive,  and  inserting  in  place  SSlnlnt. 
thereof  the  following:  — 

"Resolved,  That  it  is  expedient  to  amend  the  Constitution  by 
the  adoption  of  the  subjoined  article  of  amendment:  Full  power 
and  authority  are  hereby  given  and  granted  to  the  general  court 
to  enact  laws  regulating  and  restricting  advertising  on  public 
highways,  in  public  places,  and  on  private  property  within  public 
view." 

Mr.    Dutch    of    Winchester    moved    that    the    resolution    be  Mr.  Dutch,  — 
amended  by  the  substitution  of  a  Resolution  to  provide  for  the  amendment- 
regulation  of  advertising  in  public  places  (Doc.  No.  381),  which 
was  read. 

After  debate  Mr.  White  of  North  Brookfield  moved  that  the 
Convention  adjourn;  and  this  motion  prevailed. 

Accordingly,   at  twenty-seven  minutes  past  four  o'clock,  the  Adjournment. 
Convention  adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


664 


JOURNAL  OF  THE  CONVENTION, 


TUESDAY,  June  25,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Louis  Edwin 
Flye. 


James  P. 
Richardson. 


John  W. 
McCormack. 


William  Cyril 
Crossley. 


James  Logan. 


Eugene  B. 
Fraser. 


John  M. 
Merriam. 


S.  Hamilton 
Coe. 


Leave  of  Absence. 

On  motion  of  Mr.  Cox  of  Boston,  — 

Ordered,  That  Mr.  Flye  of  Holbrook  be  granted  leave  of  ab- 
sence, under  Rule  13,  for  the  present  week,  because  of  engage- 
ments of  urgent  importance  outside  the  Commonwealth. 

On  motion  of  Mr.  Winslow  of  Newton,  — 

Ordered,  That  Mr.  Richardson  of  Newton  be  granted  leave  of 
absence,  under  Rule  13,  until  July  3,  on  account  of  urgent 
engagements  outside  the  Commonwealth. 

On  motion  of  Mr.  Moynihan  of  Boston,  — 

Ordered,  That  Mr.  McCormack  of  Boston  be  granted  leave  of 
absence,  under  Rule  13,  he  having  entered  the  military  service 
of  the  United  States. 

On  motion  of  Mr.  Barker  of  Fall  River,  — 

Ordered,  That  Mr.  Crossley  of  Fall  River  be  granted  leave  of 
absence,  under  Rule  13,  for  the  current  week,  because  of  business 
in  Washington. 

On  motion  of  Mr.  Hobbs  of  Worcester,  — 

Ordered,  That  Mr.  Logan  of  Worcester  be  granted  leave  of 
absence,  under  Rule  13,  until  July  1,  because  of  absence  from 
the  Commonwealth  in  connection  with  business  of  the  national 
government. 

On  motion  of  Mr.  Moore  of  Swampscott,  — 

Ordered,  That  Mr.  Fraser  of  Lynn  be  granted  leave  of  absence, 
under  Rule  13,  during  such  part  of  the  present  week  as  his 
duties  as  chairman  of  the  Lynn  War  Savings  Stamp  Drive  may 
require. 

On  motion  of  Mr.  Corrigan  of  Natick,  — 

Ordered,  That  Mr.  Merriam  of  Framingham  be  granted  leave 
of  absence,  under  Rule  13,  from  time  to  time,  on  account  of 
duties  in  connection  with  a  local  draft-exemption  board. 

On  motion  of  Mr.  Coombs  of  Worcester,  — 

Ordered,  That  Mr.  Coe  of  Worcester  be  granted  leave  of 
absence,  under  Rule  13,  to  and  including  Wednesday,  July  3, 
because  of  illness. 


TUESDAY,  JUNE  25,  1918.  665 

Printing  of  Certain  Bulletins. 

The  following  order,  offered  by  Mr.  Luce  of  Waltham,  was 
referred,  under  the  provisions  of  a  standing  order,  to  the  com- 
mittee on  Rules  and  Procedure:  — 

Ordered,    That   there   be   printed   five   hundred   copies    of   the  Bulletins  of 
bulletins  on  "Special  Legislation",   "The  Amendment  of  State  i^ 
Constitutions",  and  "  The  Removal  of  Judges  in  Massachusetts", 
prepared  by  the  commission  appointed  to  compile  information 
and  data  for  the  Convention. 

Request  to  Take  a  Resolution  from  the  Files. 

Mr.  Harriman  of  New  Bedford  asked  unanimous  consent  that  Supreme 
the  Resolution  relative  to  extending  the  application  of  the  de- 
cisions  of  the  Supreme  Judicial  Court  as  to  the  police  power, 
so-called  (Doc.  No.  3)  (the  committee  on  the  Executive  having  Power 
reported  the  same  without  recommendation,  which  report  was 
accepted  on  June  14),  be  taken  from  the  files  and  placed  in  the 
Orders  of  the  Day. 

Objection  was  made  by  Mr.  Pillsbury  of  Wellesley. 

Discharged  from  the  Orders  of  the  Day. 

On  motion  of  Mr.  Newton  of  Everett  the  Resolution  providing  Equal 
for  equal  suffrage  for  men  and  women  (Doc.  No.  130)  was  dis-  suffrage- 
charged  from  the  Orders  of  the  Day,  under  Rule  39,  and  con- 
sidered; and  the  proposal  was  rejected,  as  recommended  by  the 
committee  on  Suffrage. 

On  further  motion  of  Mr.  Newton  the  Resolution  to  provide  id. 
for  equal  rights  of  suffrage  for  all  citizens  regardless  of  sex  (Doc. 
No.   284)   was  discharged   from   the  Orders   of   the   Day,  under 
Rule  39,  and  considered;  and  the  proposal  was  rejected,  as  recom- 
mended by  the  committee  on  Suffrage. 

On   motion    of    Mr.    Underbill    of    Somerville   the    Resolution  intoxicating 
relative  to  the  prohibition  of  the  manufacture,  sale,  keeping  for  state™'" 
sale,  importation,  transportation  and  exportation  of  intoxicating  prohibition. 
liquors   (Doc.   No.  98)   was  discharged  from  the  Orders  of  the 
Day,  under  Rule  39.     The  resolution  was  read  a  second  time; 
and  the  Convention  refused  to  order  it  to  a  third  reading. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

For  a  special  tax  to  provide  pensions  for  the  aged  and  ne'edy  Pensions,— 
(Doc.  No.  52);  speci!ilto- 

To  provide  for  the  single  tax  upon  land  values  (Doc.  No.  293);  Land  values, 

and  -single  tax. 

Relative   to   taxation   of  real   estate   and  incomes    (Doc.   No.  Real  estate 

and  incomes. 


Were  severally  considered;    and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Taxation. 


666 


JOURNAL  OF  THE  CONVENTION, 


Voters,  — 
qualifications. 


School 
teachers,  — 
leave  of 
absence  with 
pay. 


Advertising  in 
public  places. 


Previous 
question. 


Action  on 
amendments. 


State 
insurance. 


Safe 

construction 
of  buildings, 
etc. 


Hours  of 
labor. 


Mr.  Joseph 
Walker,  — 
amendment. 


Mr.  Balch,  — 
amendment. 


The  Resolution  relative  to  the  qualifications  of  voters  (Doc. 
No.  286)  was  considered;  and  the  proposal  was  rejected,  as 
recommended  by  the  committee  on  Suffrage. 

The  Resolution  relative  to  leave  of  absence  with  pay  for 
teachers  in  the  public  schools  (Doc.  No.  72)  was  considered;  and 
the  proposal  was  rejected,  as  recommended  by  the  committee  on 
Education. 

The  Resolution  to  provide  for  the  regulation  of  advertising  in 
public  places  (Doc.  No.  53),  being  the  unfinished  business  of  the 
preceding  session,  was  considered  further,  the  main  question 
being  on  the  rejection  of  the  proposal,  as  recommended  by  the 
committee  on  Social  Welfare. 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing 
order,  the  Chair  (Mr.  Stoneman  of  Boston)  declared  a  recess 
until  two  o'clock;  at  which  hour  the  Convention  reassembled, 
with  the  President  in  the  chair. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Bauer  of  Lynn. 

Mr.  Kelley  of  Rockland  then  withdrew  the  amendment  pre- 
viously moved  by  him,  there  being  no  objection;  and  the 
amendment  previously  moved  by  Mr.  Dutch  of  Winchester 
(that  the  resolution  be  amended  by  the  substitution  of  a  Resolu- 
tion to  provide  for  the  regulation  of  advertising  in  public  places, 
Doc.  No.  381)  was  adopted. 

Rejection  of  the  proposal  was  then  negatived;  and  the  sub- 
stituted resolution  was  placed  in  the  Orders  of  the  Day  for  the 
next  session  for  a  second  reading. 

The  Resolution  to  provide  for  state  insurance  (Doc.  No.  319) 
was  read  a  second  time;  and  after  debate  the  proposal  was 
rejected,  by  a  vote  of  36  to  82. 

Mr.  Brown  of  Brockton  moved  that  the  vote  be  reconsidered; 
and  this  motion,  under  the  rule,  was  placed  first  in  the  Orders 
of  the  Day  for  the  next  session. 

The  Resolution  to  insure  safe  construction  in  this  Common- 
wealth (Doc.  No.  218)  (accompanying  the  petition  of  the  Massa- 
chusetts State  Branch  of  the  American  Federation  of  Labor)  was 
considered. 

The  committee  on  Labor  having  reported  recommending  that 
the  petitioner  have  leave  to  withdraw,  the  report  was  accepted; 
and  the  proposal  was  rejected. 

The  Resolution  authorizing  the  General  Court  to  pass  laws 
regulating  and  restricting  the  hours  of  labor  (Doc.  No.  336)  was 
read  a  second  time. 

Mr.  Walker  of  Brookline  moved  that  the  resolution  be 
amended  by  adding  at  the  end  thereof  the  words  "and  estab- 
lishing a  minimum  wage". 

After  debate  (Mr.  White  of  North  Brookfield  being  in  the 
chair)  Mr.  Balch  of  Boston  moved  that  the  resolution  be 
amended  by  striking  out,  in  lines  3  and  4,  the  words  "regulating 
and  restricting  the  hours  of  labor",  and  inserting  in  place 
thereof  the  words  "establishing  a  minimum  wage". 


TUESDAY,  JUNE  25,  1918.  667 

The  President  having  returned  to  the  chair,  the  question  was 
put  on  the  amendment  moved  by  Mr.  Walker;  and  68  members 
voted  in  the  affirmative  and  42  in  the  negative. 

Mr.  Cox  of  Boston  raised  the  point  of  order  that  a  quorum  was  Quorum, 
not  present.     A  count  of  the  Convention  showed  that  129  mem- 
bers were  present. 

Mr.  Cox  then  moved  that  the  Convention  adjourn;  and  pend- 
ing the  question  on  this  motion,  there  being  no  objection  Mr. 
Luce  of  Waltham  offered  the  following  resolutions,  which  were 
read:  — 

Victory  of  the  Italian  Army. 

Whereas,   We  learn   with  keenest  joy  of  the  glorious   victory  Victory  of  the 
achieved  by  the  Italian  army  over  our  common  foe;    be  it 

Resolved,  That  we  felicitate  our  fellow-citizens  of  Italian  birth 
upon  the  valor  of  their  brothers,  and  that  we  congratulate  the 
people  of  Italy  upon  the  prospect  of  driving  the  invader  not  only 
from  the  soil  he  has  of  late  usurped  but  also  from  every  inch 
that  ought  to  be  under  Italian  sway;  and  be  it  further 

Resolved,  That  we  express  our  profound  gratitude  for  this  omen 
of  speedy  and  complete  triumph  for  the  cause  that  has  allied  the 
oldest  and  the  youngest  of  the  nations  of  the  earth  against  the 
powers  of  autocracy  and  barbarism. 

After  remarks  by  Mr.  Luce  the  resolutions  were  unanimously 
adopted. 

At  twenty-eight  minutes  before  five  o'clock,   under  the  pro-  Adjournment, 
visions  of  a  standing   order  requiring  adjournment  at  half-past 
four  o'clock,  the  President  declared  the  Convention  adjourned, 
to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


668 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  June  26,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.   Roland  D.   Sawyer  of  Ware,   a 
member  of  the  Convention. 


Joseph  C. 
Pelletier. 


Leave  of  Absence. 

On  motion  of  Mr.  Stoneman  of  Boston,  — 
Ordered,   That   Mr.   Pelletier   of   Boston   be   granted   leave   of 
absence,  under  Rule  13,  until  July  2,  because  of  illness. 


Session  on 
Monday, 
July  1; 
adjournment 
July  3  to  9. 


Schedule  of  Sessions  for  Next  Week. 

The  consideration  of  the  following  order,  offered  by  Mr. 
Luce  of  Waltham,  was  postponed  until  the  next  session,  at  the 
request  of  that  member:  — 

Ordered,  That,  when  the  Convention  adjourns  on  Friday, 
June  28,  it  shall  be  to  meet  at  10.30  o'clock  Monday,  July  1; 
and  that  when  it  adjourns  on  Wednesday,  July  3,  it  shall  be  to 
meet  Tuesday^  July  9,  at  10.30  o'clock  A.M. 


Certain 

committees, 

sittings. 


Sittings  of  Certain  Committees. 

Mr.  Quincy  of  Boston  offered  the  following  order:  — 
Ordered,   That  the   committees   on   State   Administration   and 

the  Executive  (sitting  jointly)   be  authorized  to  sit  during  the 

sessions  of  the  Convention. 

After  debate  the  order  was  adopted. 


Proposals 
to  amend  the 
Constitution, 
—  printing  of 
text. 


Supreme 
Judicial  Court, 
—  decisions 
as  to  the 
police  power. 


Printing  of  Text  of  Pending  Amendments. 

The  following  order,  offered  by  Mr.  Hart  of  Cambridge,  was 
referred  to  the  committee  on  Rules  and  Procedure,  on  motion 
of  Mr.  Sawyer  of  Ware :  — 

Ordered,  That  the  text  of  pending  amendments  to  the  Con- 
stitution and  of  amendments  proposed  thereto  be  printed  in 
the  Calendar  from  day  to  day  for  convenient  consultation. 


Request  to  Take  a  Resolution  from  the  Files. 

Mr.  Adams  of  Quincy  asked  unanimous  consent  that  the  Res- 
olution relative  to  extending  the  application  of  the  decisions  of 
the  Supreme  Judicial  Court  as  to  the  police  power,  so-called 
(Doc.  No.  3)  (the  committee  on  the  Executive  having  reported 
the  same  without  recommendation,  which  report  was  accepted 
on  June  14),  be  taken  from  the  files  and  placed  in  the  Orders  of 
the  Day. 

Objection  was  made  by  Mr.  Horgan  of  Boston. 


WEDNESDAY,  JUNE  26,  1918.  669 


Application  of  Certain  Court  Decisions. 

Mr.  Sawyer  of  Ware  presented    a  Resolution   relative  to  the  Supreme 
application  of  the  decisions  of  the  Supreme  Judicial  Court  as  to  —  decisions1"*' 
the    police    power,    so-called.     The    same    member    moved    that  p80{£*hower 
Rule   35   be   suspended;     and   this   motion   was   referred,   under  P* 
Rule  56,  to  the  committee  on  Rules  and  Procedure. 

Motion  to  Reconsider. 

Mr.  Sawyer  of  Ware  moved  that  the  vote  be  reconsidered  by  Equal 
which  the  Convention,  at  the  preceding  session,  rejected  the  pro-  suffrage. 
posal  embodied  in  the  Resolution  providing  for  equal  suffrage 
for  men  and  women  (Doc.  No.  130). 

The  same  member  then  moved  that  the  further  consideration 
of  the  motion  to  reconsider  be  postponed  until  Friday  next;  and 
this  motion,  after  debate,  was  negatived,  by  a  vote  of  32  to  74. 

The  motion  to  reconsider  was  also  negatived. 

.       Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  prohibiting  the  use  of  party  desig-  primaries  and 
nations  in  certain  primaries  and  elections   (Doc.  No.  288)  was  ^^w>  ~ 
considered;    and  the  proposal  was  rejected,  as  recommended  by  designations. 
the  committee  on  Suffrage. 

The  Resolution  providing  for  the  election  of  the  members  of  Public  Service 
the  Public  Service  Commission  (Doc.  No.  271)  was  considered;  ?Sfot°n' 
and  the  proposal  was  rejected,   as  recommended  by  the  com- 
mittee on  State  Administration. 

The  motion  of  Mr.  Brown  of  Brockton,  that  the  vote  be  re-  state 
considered  by  which  the  Convention,  at  the  preceding  session,  insurance- 
refused  to  order  to  a  third  reading  the  Resolution  to  provide  for 
state  insurance  (Doc.  No.  319),  was  withdrawn  by  that  member, 
there  being  no  objection. 

The  Resolution  authorizing  the  General  Court  to  pass  laws  Hours  of 
regulating  and  restricting  the  hours  of  labor   (Doc.   No.   336),  labor> 
being  the  unfinished  business  of  the  preceding  session,  was  con- 
sidered further,  the  main  question  being  on  ordering  it  to  a  third 
reading. 

On  the  question  on  the  adoption  of  the  amendment  previously 
moved  by  Mr.  Walker  of  Brookline  56  members  voted  in  the 
affirmative  and  52  in  the  negative. 

Mr.  Williams  of  Brookline  raised  the   point  of   order  that  a  Quorum. 
quorum  was  not  present.     A  count  of  the  Convention  showed 
that  131  members  were  present;  and  the  President  requested  the 
Sergeant-at-Arms  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum,  and  after  debate,  the  pre-  Previous 
vious  question  was  ordered,  on  motion  of  Mr.  Chandler  of  (*uestl°D 
Somerville. 


670 


JOURNAL  OF  THE  CONVENTION, 


Action  on 
amendments. 


Employees,  — 
one  day's  rest 
in  seven. 


Motion  to 
postpone. 


Natural 
resources. 


Historical  and 

antiquarian 

property. 


Mr.  Clapp,  — 
amendment. 


Previous 

question. 


Taking  of 
land. 


Regulation  of 
nuisances; 
construction 
of  buildings. 


Mr.  Clapp,  — 
amendment. 


The  amendment  previously  moved  by  Mr.  Walker  of  Brook- 
line  (adding  at  the  end  of  the  resolution  the  words  "and  estab- 
lishing a  minimum  wage")  was  then  adopted,  by  a  vote  of  103 
to  56;  and  the  amendment  previously  moved  by  Mr.  Balch  of 
Boston  was  rejected,  by  a  vote  of  37  to  107. 

The  resolution,  as  amended,  was  then  ordered  to  a  third 
reading,  by  a  vote  of  112  to  47. 

The  Resolution  authorizing  the  General  Court  to  enact  laws 
establishing  one  day's  rest  in  seven  for  employees  (Doc.  No. 
323)  was  read  a  second  time. 

Pending  the  question  on  ordering  the  resolution  to  a  third 
reading  Mr.  Mahoney  of  Boston  moved  that  the  further  con- 
sideration thereof  be  postponed  until  the  next  session,  first  in 
the  Orders  of  the  Day;  and  this  motion,  after  debate,  was 
negatived. 

The  Convention  then  refused  to  order  the  resolution  to  a 
third  reading. 

The  Resolution  relative  to  legislative  regulation  of  natural 
resources  (Doc.  No.  123)  was  considered;  and  the  proposal  was 
rejected,  as  recommended  by  the  committee  on  State  Adminis- 
tration. 

The  Resolution  relative  to  the  preservation  and  maintenance 
of  property  of  historical  and  antiquarian  interest  (Doc.  No.  322) 
was  read  a  second  time. 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  5  and  6,  the  words  "general  court  may 
authorize  the  commonwealth  or  any  city  or  town  to  take",  and 
inserting  in  place  thereof  the  words  "commonwealth  may  take 
or  authorize  the  taking  of". 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Bauer  of  Lynn. 

The  amendment  was  then  rejected;  and  the  resolution  was 
ordered  to  a  third  reading. 

The  Resolution  extending  the  purposes  for  which  the  Com- 
monwealth may  take  land  (Doc.  No.  116)  was  considered;  and 
the  proposal  was  rejected,  as  recommended  by  the  committee  on 
Social  Welfare. 

The  Resolution  relative  to  the  power  of  the  General  Court  to 
regulate  smells,  sights  and  sounds  and  the  construction  of 
buildings  (Doc.  No.  182)  was  considered,  the  question  being  on 
the  rejection  of  the  proposal,  as  recommended  by  the  committee 
on  Social  Welfare. 

After  debate  (Mr.  Williams  of  Brookline  being  in  the  chair) 
Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  Resolution  relative  to  the  power  of  the 
General  Court  to  limit  buildings  according  to  their  use  or  con- 
struction to  specified  districts  of  cities  and  towns  (Doc.  No. 
386),  which  was  read. 

After  further  debate  Mr.  Mahoney  of  Boston  moved  that  a 
recess  be  taken  until  two  o'clock;  and  this  motion  prevailed. 


WEDNESDAY,  JUNE  26,  1918. 


671 


Accordingly,  at  two  minutes  before  one  o'clock,  a  recess  was  Recess. 
taken  until   two  o'clock;    at  which  hour  the  Convention  reas- 
sembled, with  the  President  in  the  chair. 

The  amendment  moved  by  Mr.  Clapp  was  then  adopted;    re-  Substitute 
jection  of  the  proposal  was  negatived;    and  the  substituted  res-  resolution. 
olution  (Doc.  No.  386)  was  placed  in  the  Orders  of  the  Day  for 
the  next  session  for  a  second  reading. 

The  Resolution  relative  to  the  power  of  the  General   Court  Levying  of 
to  impose  and  levy  taxes   (Doc.   No.   332)   was  read  a  second  ts 
time. 

Mr.  Williams  of  Brookline  doubted  the  presence  of  a  quorum;  Quorum, 
and  the  President  requested  the  Sergeant-at-Arms  to  secure  the 
attendance  of  a  quorum. 

Subsequently  Mr.  Trefry  of  Marblehead  moved  that  the  roll 
be  called;    and  this  motion  prevailed. 

The  roll  was  then  called;    and  142  members  answered  to  their 
names,  as  follows :  — 


Messis.  Adams,  Brooks 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  Jamete  F. 
Ballantyne,  John 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Boyer,  Elmer  E. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Buck,  Maurice  A. 
Burns,  William  A. 
Butler,  A.  Webster 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coleman,  George  W. 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 


Messrs.  Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hicks,  George  H. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  D  wight  F. 


672 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Kinney,  — 
amendment. 


Messrs.  Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf ,  Telesphore 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Nestor,  Patrick  F. 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connor,  John  D. 


Messrs.  Parkman,  Henry 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Richardson,  Edward  A 
Ross,  Samuel 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 


Adjournment. 


Therefore  it  appeared  that  a  quorum  was  not  present. 

Subsequently  the  President  stated  that  a  quorum  was  then 
found  to  be  present. 

After  debate  (Mr.  Dutch  of  Winchester  being  in  the  chair) 
Mr.  Kinney  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out  lines  3  to  12,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"Full  power  and  authority  are  hereby  given  and  granted  to 
the  general  court  to  impose  and  levy  proportional  and  reasonable 
assessments,  rates  and  taxes  upon  all  the  inhabitants  of,  and 
persons  resident  and  real  estate  lying  within,  the  said  common- 
wealth; and  to  impose  and  levy  reasonable  taxes  upon  personal 
property  or  upon  the  income  derived  therefrom  as  well  as  upon 
incomes  derived  from  professions,  trades  and  employments, 
which  shall  be  proportional  upon  property  or  incomes  of  the 
same  class,  provided  that  personal  property  the  income  from 
which  is  taxed  may  be  exempt  from  other  taxes,  as  well  as  from 
duties  and  excises  other  than  those  imposed  on  licenses,  trans- 
fers, legacies  and  successions;  and  in  taxing  personal  property  or 
incomes  the  general  court  may  grant  reasonable  exemptions  and 
abatements,  may  classify  personal  property  and  incomes  in  a 
reasonable  manner,  may  classify  machinery  as  personal  property, 
and  may  tax  the  interest  of  both  owner  and  mortgagee  in 
mortgaged  real  estate  as  real  estate  either  separately  or  to  the 
owner." 

After  further  debate,  at  half-past  four  o'clock,  under  the 
provisions  of  a  standing  order,  the  Chair  (Mr.  Dutch  of  Win- 
chester) declared  the  Convention  adjourned,  to  meet  to-morrow 
at  half -past  ten  o'clock  A.M. 


THURSDAY,  JUNE  27,   1918.  673 


THURSDAY,  June  27,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  William  P.  Burnell  of  Mansfield. 

Leave  of  Absence. 

Qn  motion  of  Mr.  Flaherty  of  Boston,  — 

Ordered,  That  Mr.  Parker  of  Lancaster  be  granted  leave  of 
absence,  under  Rule  13,  until  Tuesday,  July  2,  on  account  of 
important  legal  engagements. 


Parker. 


Reports  of  Debates  for  Newspapers. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,    That    the    committee    on    Rules    and    Procedure    be  Reports  of 
authorized  to  furnish  a  copy  of  the  reports  of  the  debates  to  newspapers. 
such  daily   newspapers  printed  in  the   Commonwealth   as   may 
apply  for  the  same. 

Compensation  of  Members. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  compensation  of  the  members  of  the  Con-  Compensation 
vention  for   attendance   during   the   current   month   be   payable  f^J^J^J' 
on  Friday,  June  28.  for  June. 

Compensation  of  Officials  and  their  Assistants. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and  Secretaries, 
Pay-Roll  determine,  and  report  to  the  Convention  for  its  action, 
the  compensation  for  the  1918  session  to  be  paid  the  Secretaries 
and  Sergeant-at-Arms  of  the  Convention,  and  such  assistants 
in  their  respective  departments  as  have  been  approved  by  the 
committee  on  Rules  and  Procedure. 

Proposal  to  Amend  the  Constitution. 

Mr.   Adams  of  Quincy  presented  a  Resolution  declaring  the  Limits  of  the 
determination  of  the  limits  of  the  police  power,  so-called,  to  be  p°UceP°wer- 
a  legislative  function.     The  same  member  moved  'that  Rule  35 
be  suspended;    and  this  motion  was  referred,   under  Rule  56, 
to  the  committee  on  Rules  and  Procedure. 

Schedule  of  Sessions  for  Next  Week. 

The  following  order,  offered  by  Mr.  Luce  of  Waltham,  the 
consideration  of  which  was  postponed  from  the  preceding  ses- 
sion, was  considered :  — 


674 


JOURNAL  OF  THE  CONVENTION, 


Session  on 
Monday, 
July  1; 
adjournment 
July  3  to  9. 


Mr.  Brown,  — 
amendment. 


Adjournment 
June  28  to 
July  9. 


Ordered,  That,  when  the  Convention  adjourns  on  Friday, 
June  28,  it  shall  be  to  meet  at  10.30  o'clock,  Monday,  July  1; 
and  that  when  it  adjourns  on  Wednesday,  July  3,  it  shall  be 
to  meet  Tuesday,  July  9,  at  10.30  o'clock  A.M. 

After  debate  Mr.  Brown  of  Brockton  moved  that  the  order 
be  amended  by  striking  out  the  words  "at  10.30  o'clock,  Mon- 
day, July  1;  and  that  when  it  adjourns  on  Wednesday,  July  3, 
it  shall  be  to  meet". 

After  further  debate  the  amendment  was  adopted;  and  the 
order,  as  amended,  was  adopted,  as  follows:  — 

Ordered,  That,  when  the  Convention  adjourns  on  Friday, 
June  28,  it  shall  be  to  meet  Tuesday,  July  9,  at  10.30  o'clock  A.M. 


Single  tax. 

Poll  taxes  at 
varying  rates. 


State  officers, 
—  four-year 
term. 


Justice  of 
the  peace. 

Notary  public. 


Levying  of 


Amendment 
withdrawn. 

Previous 
question. 

Recess. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

Relative  to  authorizing  the  single  tax  (Doc.  No.  294);  and 

To  authorize  the  imposition  and  collection  of  poll  taxes  at 
varying  rates  for  the  purpose  of  inducing  the  full  exercise  of 
voting  rights  (Doc.  No.  290); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Taxation. 

The  Resolution  providing  for  a  four-year  term  for  elective 
state  officers,  including  a  recall  provision  in  the  case  of  Gov- 
ernor (Doc.  No.  270)  was  considered;  and  the  proposal  was  re- 
jected, as  recommended  by  the  committee  on  State  Adminis- 
tration. 

Resolutions  — 

To  abolish  the  office  of  justice  of  the  peace  as  an  office  under 
the  Constitution  (Doc.  No.  33);  and 

To  abolish  the  office  of  notary  public  as  an  office  under  the 
Constitution  (Doc.  No.  32); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  the  Judiciary. 

The  Resolution  relative  to  the  power  of  the  General  Court 
to  impose  and  levy  taxes  (Doc.  No.  332),  being  the  unfinished 
business  of  the  preceding  session,  was  considered  further,  the 
main  question  being  on  ordering  it  to  a  third  reading. 

Mr.  Kinney  of  Boston  withdrew  the  amendment  previously 
moved  by  him,  there  being  no  objection. 

After  debate  Mr.  Benton  of  Belmont  moved  the  previous 
question. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour 
the  Convention  reassembled. 

After  debate  the  question  was  put  on  ordering  the  main  ques- 
tion; and  the  President  declared  the  vote  to  be  in  the  affirma- 
tive. 


THURSDAY,  JUNE  27,  1918. 


675 


Mr.  Jones  of  Melrose  raised  the  point  of  order  that  a  quorum  Quorum. 
was  not  present.     The  President  declared  the  point  of  order  well 
taken;   and  requested  the  Sergeant-at-Arms  to  secure  the  attend- 
ance of  a  quorum. 

On  the  appearance  of  a  quorum  the  main  question  was  ordered.  J^Jon. 

On  the  question  on  ordering  the  resolution  to  a  third  read- 
ing, the  sense  of  the  Convention  was  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Lomasney  of  Boston;  and  on  the  roll  call 
129  members  voted  in  the  affirmative  and  87  in  the  negative, 
as  follows:  — 

YEAS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barker,  Warren  S. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brown,  E.  Geary 
Bryant,  Lincoln 
Burrell,  Fred  J. 
Carr,  Edward 
Chase,  Mial  W. 
Clark,  Ezra  W. 
Coleman,  George  W. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Daley,  Peter 
Daly,  John  W. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Fitz-Randolpb,  Reginald  T. 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 


Messrs.  Glazier,  Frederick  P. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf ,  Telesphore 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mansfield,  John  J. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Ross,  Samuel 


676 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Walcott,  Robert 

Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Brennan,  James  H. 
Brine,  HSnry  C. 
Broderick,  Patrick  S. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Thomas  F. 
Ferry,  James  R. 
Finn,  E.  Philip 


Messrs.  Walker,  George 
Walker,  Joseph 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Flaherty,  William 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Green,  Thomas  H. 
HaU,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Kelley,  Thomas  R. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lowell,  James  A. 
Mahoney,  John  J. 
Mancovitz,  David 
MoAnarney,  John  W. 
Mitchell,  John 
Morton,  James  M. 
Murley,  Joseph  J. 
Parker,  George  S. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Reidy,  Michael  J. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Shea,  Christopher  A. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Turner,  Joseph 
Underbill,  Charles  L. 
Washburn,  Albert  H. 
Waterman,  George  B. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Williams,  Fred  Homer 
Wood,  Charles  J. 


129  yeas;    87  nays. 


Loss  of  taxes 
on  educational 
institutions. 


Therefore  the  resolution  was  ordered  to  a  third  reading. 

The  Resolution  providing  for  compensating  cities  and  towns 
for  loss  of  taxation  on  property  of  educational  institutions 
(Doc.  No.  61)  was  read  a  second  time. 


THURSDAY,  JUNE  27,  1918.  677 

After  debate  (Mr.  Buttrick  of  Lancaster  being  in  the  chair)  Mr.  Waterman, 
Mr.  Waterman  of  Williamstown  moved  that  the  resolution  be  -amendments. 
amended  by  striking  out,  in  line  4,  and  in  lines  7  and  8,  the 
words   "and   personal   property";    by  striking  out,   in  lines   11 
and   12,   the  words   "real   estate   and  personal   property",     and 
inserting  in   place   thereof  the   word   "land";     and   by   striking 
out,  in  line  12,  the  words  "bear  to  the  total",  and  inserting  in 
place  thereof  the  words  "bears  to  the  total  land". 

After  further  debate  the  previous   question   was   ordered,   on  Previous 
motion  of  Mr.  Chandler  of  Somerville.  question. 

Mr.  Underbill  of  Somerville  then  moved  that  the  Convention 
adjourn;    and  this  motion  prevailed. 

Accordingly,    at   twenty-five   minutes   past   four   o'clock    (Mr.  Adjournment. 
Buttrick  being  in  the  chair),  the  Convention  adjourned,  to  meet 
to-morrow  at  half -past  ten  o'clock  A.M. 


H78 


JOURNAL  OF  THE  CONVENTION, 


FRIDAY,  June  28,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Daniel  H. 
Coakley. 


Matthew 
Hale. 


William  J. 
Bullock. 


Leave  of  Absence. 

On  motion  of  Mr.  William  J.  Sullivan  of  Boston,  - 
Ordered,   That   Mr.    Coakley   of   Boston   be   granted    leave    of 
absence,  under  Rule  13,  on  account  of  important  business  en- 
gagements outside  the  Commonwealth. 

On  motion  of  Mr.  Walker  of  Brookline,  — 

Ordered,  That  Mr.  Hale  of  Boston  be  granted  leave  of  absence, 
under  Rule  13,  because  of  his  permanent  engagement  in  war 
work. 

On  motion  of  Mr.  Walker  of  New  Bedford,  - 
Ordered,  That  Mr.  Bullock  of  New  Bedford  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  illness. 


Bulletins  of 
information, 
—  printing. 


Proposals  to 
amend  the 
Constitution, 
—  printing  of 
text. 


Limits  of 
the  police 
power. 


Printing  of  Certain  Bulletins. 

Mr.  Williams  of  Brookline,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  following  order  (offered 
by  Mr.  Luce  of  Waltham  on  June  25),  reported  recommending 
that  the  same  be  adopted :  — 

Ordered,  That  there  be  printed  five  hundred  copies  of  the 
bulletins  on  "Special  Legislation",  "The  Amendment  of  State 
Constitutions",  and  "The  Removal  of  Judges  in  Massachusetts", 
prepared  by  the  commission  appointed  to  compile  information 
and  data  for  the  Convention. 

The  order  was  considered  forthwith;  and  it  was  adopted. 

Printing  of  Text  of  Pending  Amendments. 

Mr.  Underbill  of  Somerville,  for  the  committee  on  Rules 
and  Procedure,  to  whom  was  referred  the  following  order  (offered 
by  Mr.  Hart  of  Cambridge  on  June  26),  reported  recommending 
that  the  same  be  not  adopted :  — 

Ordered,  That  the  text  of  pending  amendments  to  the  Con- 
stitution and  of  amendments  proposed  thereto  be  printed  in 
the  Calendar  from  day  to  day  for  convenient  consultation. 

The  order  was  considered  forthwith;  and  after  debate  it  was 
rejected. 

Proposal  to  Amend  the  Constitution. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro- 
cedure, to  whom  was  referred  the  motion  (made  by  Mr.  Adams 
of  Quincy  on  June  27)  that  Rule  35  be  suspended  on  the  Resolution 


FRIDAY,  JUNE  28,  1918.  679 

declaring  the  determination  of  the  limits  of  the  police  power, 
so-called,  to  be  a  legislative  function,  —  reported  recommending 
that  said  rule  be  suspended  [Messrs.  Underhill  of  Somerville  and 
George  of  Haverhill  dissenting]. 

The  question  was  considered  forthwith.  After  debate  Mr. 
Sawyer  of  Ware  moved  that  the  further  consideration  thereof 
be  postponed  until  the  next  session,  first  in  the  Orders  of  the 
Day;  and  this  motion  was  negatived. 

The  Convention  then  refused  to  suspend  Rule  35;  and  the 
resolution  was  placed  on  file. 

Application  of  Certain  Court  Decisions. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro-  Supreme 
cedure,  to  whom  was  referred  the  motion  (made  by  Mr.  Sawyer  ^ 
of  Ware   on  June  26)  that  Rule  35  be  suspended  on  the  Resolu- 
tion  relative  to  the  application  of  the  decisions  of  the  Supreme 
Judicial  Court  as  to  the  police  power,  so-called,  —  reported  recom- 
mending that  said  rule  be  not  suspended. 

The  question  was  considered  forthwith.  The  Convention  re- 
fused to  suspend  Rule  35;  and  the  resolution  was  placed  on  file. 

Proposed  Amendment  of  the  Rules. 

Mr.  O'Connell  of  Boston  offered  the  following  order:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  consider  Previous 
the   expediency   of  so   amending  the  rules   as   to   provide  that, 
whenever  the  previous  question  is  moved,  the  presiding  officer 
shall  not  put  the  question  to  a  vote  until  every  member  of  the  iS 
committee  which  has  reported  the  measure  under  discussion  shall 
have   had    an   opportunity    of   speaking    on    the   subject   under 
discussion. 

After  debate  Mr.  Underhill  of  Somerville  moved  that  the  order 
be  referred  to  the  committee  on  Rules  and  Procedure;  and  this 
motion  was  negatived. 

The  order  was  then  rejected. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  providing  for  limited  sessions  of  the  General  Biennial 
Court  and  biennial  elections  of  members  thereof  (Doc.  No.  87,  mtmbers°of 
—  so  much  thereof  as  relates  to  biennial  elections  of  members  of 
the   General   Court)   was   considered;  and   the  proposal   was  re- 
jected, as  recommended  by  the  committee  on  Suffrage. 

Resolutions  — 

Relative  to  the  method  of  selecting  and  promoting  officers  in  Military 
the  militia  (Doc.  No.  224);   and  officers- 

Relating  to  the  appointment  of  military  officers,  the  numbers  Military 
and  organization  of  military  forces  and  civil  penalties  to  be  in-  affairs- 
flicted  by  courts  martial  (Doc.  No.  222); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Military  Affairs. 


680 


JOURNAL  OF  THE  CONVENTION, 


Loss  of  taxes 
on  educational 
institutions. 


Amendments 
rejected. 

Quorum. 


Business  cor- 
porations, — 
taxation. 

Uniform 
taxation. 


ments,  — 
publicity. 


Credit  of  the 
Common- 
wealth; 
state  debt . 


Public 
credit. 


General 
Court,  —  ad- 
journments. 


Biennial 

legislative 

sessions. 

Limited 

legislative 

sessions. 


Negative  of 
Senate  on 
House. 


Legislative 
recess  com- 
mittees and 
commissions. 


The  Resolution  providing  for  compensating  cities  and  towns 
for  loss  of  taxation  on  property  of  educational  institutions  (Doc. 
No.  61),  being  the  unfinished  business  of  the  preceding  session, 
was  considered  further,  the  main  question  being  on  ordering  it 
to  a  third  reading. 

After  debate  the  amendments  previously  moved  by  Mr.  Water- 
man of  Williamstown  were  rejected,  by  a  vote  of  53  to  65. 

Mr.  Feiker  of  Northampton  raised  the  point  of  order  that  a 
quorum  was  not  present.  A  count  of  the  Convention  showed 
that  171  members  were  present;  and  the  President  declared  the 
point  of  order  not  well  taken. 

The  Convention  then  refused,  by  a  vote  of  45  to  101,  to  order 
the  resolution  to  a  third  reading. 

Resolutions  — 

Requiring  proportional  taxation  of  the  franchise  value  of 
business  corporations  (Doc.  No.  59) ; 

Relative  to  making  uniform  the  application  of  all  statutes 
relating  to  the  taxation  of  property  (Doc.  No.  296) ;  and 

To  provide  for  full  publicity  of  tax  assessments  (Doc.  No.  297) ; 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Taxation. 

The  Resolution  relative  to  loaning  the  credit  of  the  Common- 
wealth and  the  contracting  of  state  debt  (Doc.  No.  326)  was 
read  a  second  time. 

Mr.  Edwin  U.  Curtis  of  Boston  being  in  the  chair,  Mr.  Park- 
man  of  Boston  moved  that  the  resolution  be  recommitted  to  the 
committee  on  State  Finance;  and  this  motion,  after  debate,  was 
adopted. 

The  Resolution  relative  to  granting  the  credit  of  the  Common- 
wealth or  its  sub-divisions  (Doc.  No.  278,  —  so  much  thereof 
as  relates  to  cities  and  towns)  was  considered;  and  the  proposal 
was  rejected,  as  recommended  by  the  committee  on  Municipal 
Government. 

The  Resolution  relative  to  adjournments  of  the  General  Court 
(Doc.  No.  312)  was  read  a  second  time;  and  after  debate  the 
resolution  was  ordered  to  a  third  reading. 

Resolutions  — 

Relating  to  biennial  sessions  of  the  General  Court  (Doc.  No. 
26);  and 

Providing  for  limited  sessions  of  the  General  Court  and  bien- 
nial elections  of  members  thereof  (Doc.  No.  87,  —  so  much 
thereof  as  relates  to  limited  sessions  of  the  General  Court) ; 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  The  General 
Court. 

The  Resolution  relative  to  the  negative  of  the  Senate  on  the 
House  of  Representatives  (Doc.  No.  173)  was  considered;  and 
after  debate  the  proposal  was  rejected,  as  recommended  by  the 
committee  on  The  General  Court. 

The  Resolution  relative  to  service  on  certain  legislative  recess 
committees  and  commissions  (Doc.  No.  5)  was  considered,  the 


FRIDAY,  JUNE  28,    1918. 


681 


question  being  on  the  rejection  of  the  proposal,  as  recommended 
by  the  committee  on  The  General  Court. 

Mr.  Leonard  of  Boston  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  with  the  same  title,  which 
was  read,  as  follows:  — 

"Resolved,  That  it  is  expedient  to  amend  the  Constitution 
by  the  adoption  of  the  subjoined  article  of  amendment:  — 

"No  person  hereafter  elected  to  the  legislative  department  of 
the  government  shall  receive  salary  or  compensation  for  service 
on  any  recess  or  ad  interim  committee,  commission  or  other 
office  created  in  whole  or  in  part  by  action  of  either  branch  of 
such  department." 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing  Recess. 
order,  the  Chair  (Mr.  Curtis)  declared  a  recess  until  two  o'clock; 
at  which  hour  the  Convention  reassembled,  with  the  President 
in  the  chair. 

Mr.  Glazier  of  Hudson  moved  that  the  roll  of  the  Convention  Quorum 
be  called,  to  ascertain  if  a  quorum  was  present;  and  this  motion 
prevailed. 

The  roll  was  called;  and  163  members  answered  to  their  names, 
as  follows:  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G, 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 


Messrs.  Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daley,  Peter 
Davis,  WiUiam  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flaherty,  William 
Garland,  Francis  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 


682 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Hall,  Frederick  S. 

Harriman,  Arthur  N. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 


Messrs.  Parkman,  Henry 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Previous 
question. 

Amendment 
adopted. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Chandler  of  Somerville. 

On  the  question  on  the  adoption  of  the  amendment  moved  by 
Mr.  Leonard  the  sense  of  the  Convention  was  taken  by  yeas 
and  nays,  at  the  request  of  Mr.  Luce  of  Waltham;  and  on  the 
roll  call  141  members  voted  in  the  affirmative  and  68  in  the 
negative,  as  follows:  — 

YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 


Messrs.  Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 


FRIDAY,  JUNE  28,  1918. 


683 


Messrs.  Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Carr,  Edward 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coombs,  Zelotes  W. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harrirnan,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lummus,  Henry  T. 
Lynch,  John  C. 


Messrs.  Adams,  Smith  J. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Barnes,  George  L. 


Messrs.  Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Peterson,  Patrick 
PiUsbury,  Albert  E. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Turner,  Joseph 
Twomey,  John  C. 
Underhill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  George  P. 
White,  John  A. 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NATS. 


Messrs.  Bates,  Sanford 

Benton,  Everett  C. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 


684 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Bolster,  Percy  G. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Collins,  Samuel  I. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Hale,  Edward  R. 


Messrs.  Hall,  Isaac  Freeman 

Hobbs,  Clarence  W.,  Jr. 
Kelley,  Thomas  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Logan,  James 
Look,  William  J. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Mansfield,  John  J. 
Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Newhall,  Arthur  N. 
O'Connell,  Joseph  F. 
Parkmanj  Henry 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Sawyer,  Roland  D. 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Talbot,  Harry  R. 
Trefry,  William  D.  T. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 


141  yeas;  68  nays. 


Substitute 
resolution. 


General  Court, 
—  organization. 

Senate  of  six- 
teen members. 


Single  legis- 
lative body. 


Motion  to 
adjourn. 

Quorum. 


Therefore  the  amendment  was  adopted. 

Rejection  of  the  proposal  was  then  negatived;  and  the  sub- 
stituted resolution  (Doc.  No.  389)  was  placed  in  the  Orders  of 
the  Day  for  the  next  session  for  a  second  reading. 

Resolutions  — 

Relative  to  the  organization  of  the  General  Court  (Doc.  No. 
178);  and 

Providing  that  the  Senate  shall  consist  of  sixteen  members 
elected  from  Congressional  districts  (Doc.  No.  177); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  The  General 
Court. 

The  Resolution  relative  to  abolishing  the  Senate  and  to  estab- 
lishing a  single  legislative  body  (Doc.  No.  176)  was  considered, 
the  question  being  on  the  rejection  of  the  proposal,  as  recom- 
mended by  the  committee  on  The  General  Court. 

Mr.  Johnson  of  Worcester  moved  that  the  Convention  ad- 
journ; and  this  motion  was  negatived. 

Mr.  Mahoney  of  Boston  then  moved  that  the  roll  be  called,  to 
ascertain  if  a  quorum  was  present;  and  this  motion  was  adopted, 
by  a  vote  of  45  to  23.  Mr.  Sawyer  of  Ware  moved  that  the 
vote  be  reconsidered;  and  this  motion  was  negatived,  by  a  vote 
of  39  to  47. 

The  roll  was  then  called;  and  163  members  answered  to  their 
names,  as  follows:  — 


FRIDAY,  JUNE  28,  1918. 


685 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bates,  Sanford 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoe'l 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collins,  Samuel  I. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
DriscolJ,  Dennis  D. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gates,  Joseph  S. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 


Messrs.  Green,  Thomas  H. 

Hale,  Edward  R. 

Hall,  Frederick  S. 

Harding,  Clarence  W. 

Harriman,  Arthur  N. 

Hart,  Albert  Bushnell 

Hawley,  Truman  R. 

Hicks,  George  H. 

Hoitt,  Augustus  J. 

Hutchings,  Henry  M. 

Johnson,  Charles  R. 

Jones,  George  R. 

Kelley,  George  W. 

Kelley,  Thomas  R. 

Kelly,  Luke  L. 

Kenefick,  Thomas  W. 

Kenny,  Herbert  A. 

Kilbon,  John  L. 

Knotts,  J.  Franklin 

Lane,  Daniel  W. 

Lane,  Dwight  F. 

Langelier,  Louis  F.  R. 

Leonard,  Joseph  J. 

Lomasney,  Martin  M. 

Loring,  Augustus  P. 

Love,  Joseph  A. 

Lowell,  James  A. 

Luce,  Robert 

Lummus,  Henry  T. 

Lynch,  John  C. 

Maguire,  James  E. 

Mahoney,  John  J. 

Mancovitz,  David 

Mansfield,  John  J. 

Marshall,  Daniel  J. 

Martin,  Martin  L. 

McAnarney,  John  W. 

McLaud,  Abner  S. 

Merrill,  George  Frye 

Michelman,  Joseph 

Mitchell,  Charles 

Montague,  David  T. 

Moran,  William 

Moriarty,  James  T. 

Morrill,  Charles  H. 

Moynihan,  James  J. 
Murley,  Joseph  J. 

Myron,  John  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 


686 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 


Messrs.  Turner,  Joseph 

Underhill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White.  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Adjournment. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

Mr.  Curtis  of  Revere  then  moved  that  the  Convention  ad- 
journ; and  this  motion  prevailed. 

Accordingly,  at  five  minutes  past  four  o'clock,  the  Convention 
adjourned,  to  meet  on  Tuesday,  July  9,  at  half-past  ten  o'clock 
A.M. 


TUESDAY,  JULY  9,  1918.  687 


TUESDAY,  July  9,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Edward  Marsh  of  Boston. 

Leave  of  Absence. 

On  motion  of  Mr.  Thompson  of  North  Attleborough,  — 
Ordered,   That   Mr.    Coleman  of   Boston  be  granted   leave   of  George  w. 
absence,  under  Rule  13,  for  such  periods  of  time  as  duty  may  Coleman- 
require  his  presence  in  Washington  as  Director  of  Information 
in  the  Bureau  of  Labor. 

On  motion  of  Mr.  Murley  of  Boston,  — 

Ordered,  That  Mr.  Thomas  R.  Kelley  of  Boston  be  granted  Thomas  R. 
leave   of   absence,    under   Rule    13,    until   July    16,    because   of 
absence  from  the  Commonwealth. 

On  motion  of  Mr.  Costello  of  Boston,  - 

Ordered,  That  Mr.  Timothy  J.  Driscoll  of  Boston  be  granted  Timothy  j. 
leave  of  absence,  under  Rule  13,  until  July  23,  because  of  engage- 
ment in  government  work. 

Motions  to  Reconsider. 

Mr.  Anderson  of  Newton  moved  that  the  vote  be  reconsidered  Members  of 
by  which  the  Convention,  at  the  preceding  session,  rejected  the 
proposal  embodied  in  the  Resolution  providing  for  limited  ses- 
sions of  the  General  Court  and  biennial  elections  of  members 
thereof  (Doc.  No.  87,  —  so  much  thereof  as  relates  to  biennial 
elections  of  members  of  the  General  Court). 
After  debate  the  motion  to  reconsider  was  negatived. 

Mr.  Shaw  of  Revere  moved  that  the  vote  be  reconsidered  by  Taxation, 
which   the   Convention,    at   the   preceding   session,   rejected   the  ^SSi 
proposal  embodied  in  the  Resolution  relative  to  making  uniform  of  statutes. 
the  application  of  all  statutes  relating  to  the  taxation  of  prop- 
erty (Doc.  No.  296). 

After  debate  the  motion  to  reconsider  was  negatived. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  corrupt  practices  in  elections  (Doc.  Corrupt 
No.   285)   was   considered;    and   the   proposal  was   rejected,   as 
recommended  by  the  committee  on  Suffrage. 

The  Resolution  relative  to  abolishing  the  Senate  and  to  es-  Singly 
tablishing  a  single  legislative  body   (Doc.   No.   176),  being  the 


688 


JOURNAL  OF  THE  CONVENTION, 


Previous 
question. 


Presidency  of 
the  Senate. 


General 
Court,  —  ap- 
portionment 
of  members. 


Quorum. 


Previous 
question. 


Adjournment 
postponed, 


Quorum. 


Proposal 
rejected. 


unfinished  business  of  the  preceding  session,  was  considered 
further,  the  question  being  on  the  rejection  of  the  proposal,  as 
recommended  by  the  committee  on  The  General  Court. 

After  debate  (Mr.  Adams  of  Concord  having  been  in  the 
chair)  the  previous  question  was  ordered,  on  motion  of  Mr.  Chand- 
ler of  Somerville.  The  proposal  was  then  rejected. 

The  Resolution  providing  that  the  Lieutenant-Go vernor  shall 
preside  over  the  Senate  (Doc.  No.  84)  was  considered;  and  the 
proposal  was  rejected,  as  recommended  by  the  committee  on 
The  General  Court. 

The  Resolution  relative  to  the  apportionment  of  members 
of  the  General  Court  (Doc.  No.  85)  was  considered,  the  question 
being  on  the  rejection  of  the  proposal,  as  recommended  by  the 
committee  on  The  General  Court. 

Mr.  James  H.  Brennan  of  Boston  moved  that  a  recess  be 
taken  until  two  o'clock;  and  this  motion  prevailed. 

Accordingly,  at  four  minutes  before  one  o'clock,  the  President 
declared  a  recess  until  two  o'clock;  at  which  hour  the  Convention 
reassembled. 

Mr.  Brennan  then  moved  that  a  recess  be  taken  for  ten  min- 
utes; and  this  motion  was  negatived. 

The  President  then  requested  the  Sergeant-at-Arms  to  secure 
the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  and  after  debate  (Mr.  Avery 
of  Holyoke  being  in  the  chair)  Mr.  Underhill  of  Somerville 
moved  the  previous  question. 

The  President  having  returned  to  the  chair,  the  previous  question 
was  ordered. 

On  motion  of  Mr.  Luce  of  Waltham  the  provisions  of  the 
standing  order  requiring  the  President  to  declare  adjournment 
at  half-past  four  o'clock  were  suspended. 

After  debate  the  question  was  put  on  the  rejection  of  the 
proposal;  and  102  members  voted  in  the  affirmative  and  56  in 
the  negative. 

Mr.  Luce  raised  the  point  of  order  that  a  quorum  was  not 
present.  A  count  of  the  Convention  showed  that  175  members 
were  present. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Brennan;  and  on  the  roll  call  117  members 
voted  in  the  affirmative  and  64  in  the  negative,  as  follows :  - 


Messrs.  Adams,  Scott 

Avery,  Nathan  P. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Besse,  Harold  A. 


YEAS. 

Messrs.  Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 


TUESDAY,  JULY  9,  1918. 


689 


Messrs.  Chase,  Mial  W. 

Churchill,  George  B. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W.* 
Hawley.  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hatchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kerr,  Alexander 
Kinney,  William  S. 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 


Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoe'l 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Callahan,  Timothy  F. 
Carr,  Edward 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Creamer,  Walter  H. 
Creed,  James  F. 
Daley,  Peter 
Delaney,  Louis  F. 


Messrs.  Look,  William  J. 

Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Luce,  Robert 
Lummus,  Henry  T. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Michelman,  Joseph 
Moore,  Charles  D.  C. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 

NAYS. 

Messrs.  Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Flynn,  Maurice  R. 
Garland,  Francis  P. 
Green,  Thomas  H. 
Harrington,  Patrick  H. 
Horgan,  Francis  J. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 


690             JOURNAL  OF  THE  CONVENTION, 

Messrs.  Love,  Joseph  A.  Messrs.  Nestor,  Patrick  F. 

Lynch,  John  C.  O'Connell,  John  J. 

Maguire,  James  E.  O'Connell,  John  P. 

Mahoney,  John  J.  O'Connor,  John  D. 

Mancovitz,  David  Ray,  Herbert  L. 

Martin,  Martin  L.  Sawyer,  Roland  D. 

McCarthy,  Charles  F.  Scigliano,  Alfred  P. 

McKeon,  Francis  P.  Shanahan,  William  J. 

Merrill,  George  Frye  Shea,  John  T. 

Mitchell,  John  Sheehan,  Christopher  A. 

Moran,  William  Skerrett,  Mark-  N. 

Merrill,  Charles  H.  Stoeber,  Charles 

Moynihan,  James  J.  Sullivan,  Michael  A. 

Murley,  Joseph  J.  Sullivan,  William  H. 

Myron,  John  F.  Walker,  Joseph 

117  yeas;  64  nays. 

Therefore  the  proposal  was  rejected. 


At  sixteen  minutes  before  five  o'clock,  under  the  provisions  of  a 
standing  order  requiring  adjournment  at  half-past  four  o'clock, 
the  President  declared  the  Convention  adjourned,  to  meet  to- 
morrow at  half-past  ten  o'clock  A.M. 


WEDNESDAY,  JULY  10,  1918.  691 


WEDNESDAY,  July  10,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Warren  P.  Landers  of  Brockton, 
Secretary  of  the  Massachusetts  Total  Abstinence  Society. 

Leave  of  Absence. 

On  motion  of  Mr.  Good  of  Cambridge,  — 

Ordered,  That  Mr.  Coughlan  of  Boston  be  granted  leave  of 
absence,  under  Rule  13,  until  July  16,  on  account  of  necessary 
absence  from  the  Commonwealth. 

On  motion  of  Mr.  Boucher  of  New  Bedford,  — 

Ordered,  That  Mr.  Harriman  of  New  Bedford  be  granted  leave  Arthur  N. 
of  absence,  under  Rule  13,  on  account  of  illness. 

Report  of  a  Committee. 

Mr.  Mahoney  of  Boston,  for  the  committee  on  State  Adminis-  Decennial 
tration,  reported  that  the  Resolution  relative  to  the  taking  of  C( 
the    decennial    census    of    the    Commonwealth    (Doc.    No.    262) 
ought  not  to  pass. 

The  resolution  was  placed  in  the  Orders  of  the  Day  for  the 
next  session,  the  question  being  on  the  rejection  of  the  proposal. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

To  provide  that  the  apportionment  of  Senators  be  based  upon  General 
population  (Doc.  No.  80);  SSSbewhip 

To    provide    that    the    apportionment    of    Representatives    be  id. 
based  upon  population  (Doc.  No.  79); 

Relative   to   the   apportionment   of   members   of   the   General  id. 
Court  (Doc.  No.  6); 

Relative   to   the   apportionment   of   members    of   the   General  Id- 
Court  (Doc.  No.  169); 

To  provide  for  a  more  equitable  method  of  establishing  the  Representative 
districts    for    the    election    of    Representatives    to    the    General  di 
Court  (Doc.  No.  179); 

Providing  for  the  election  of  members  of  the  House  of  Rep-  i^. 
resentatives    by    a    list    system    of    proportional    representation 

foe.  No.  44); 
To  provide  for  a  more  equitable  and  proportional  representa-  u. 
n  in  the  House  of  Representatives  (Doc.  No.  180);    and 


692 


JOURNAL  OF  THE  CONVENTION, 


— eiro^rtionai1       ^or  Pr°P°rti°nal  representation  in   the  General   Court  (Doc. 

representation.     No.  45); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  The  General 
Court. 


General  Court, 
—  power  and 
authority. 


Mr.  Brooks 
Adams,  — 
amendment. 


Previous 
question. 


The  Resolution  defining  the  power  and  authority  of  the 
General  Court  (Doc.  No.  82)  was  considered,  the  question  being 
on  the  rejection  of  the  proposal,  as  recommended  by  the  com- 
mittee on  The  General  Court. 

Mr.  Adams  of  Quincy  moved  that  the  resolution  be  amended 
by  striking  out  lines  3  to  251,  inclusive,  and  inserting  in  place 
thereof  the  following :  — 

"Power  and  authority  are  hereby  given  and  granted  to  the 
said  general  court,  from  time  to  time,  to  make,  ordain  and 
establish,  all  manner  of  wholesome  and  reasonable  orders,  laws, 
statutes  and  ordinances,  directions  and  instructions,  including  the 
determination  of  the  scope  of  the  police  power,  either  with 
penalties  or  without,  so  as  the  same  be  not  repugnant  or  con- 
trary to  this  constitution,  as  they  shall  judge  to  be  for  the  good 
and  welfare  of  this  commonwealth,  and  for  the  government 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  for 
the  necessary  support  and  defence  of  the  government  thereof." 

After  debate  Mr.  Linke  of  West  Springfield  moved  the  pre- 
vious question;  and  this  motion  was  adopted,  by  a  vote  of  103 
to  21. 

The  amendment  was  then  rejected;  and  the  proposal  was  also 
rejected. 

Resolutions  — 

Providing  that  all  persons  qualified  to  become  legal  voters 
shall  register  and  vote  at  elections  (Doc.  No.  41);  and 

Relative  to  compulsory  voting  at  elections  (Doc.  No.  282); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  Suffrage. 

app5ntlme8ntby      The  Resolution  relative  to  the  appointment  of  Councillors  by 
the  Governor,     the  Governor   (Doc.  No.  4)   was  considered;    and  the  proposal 
was  rejected,  as  recommended  by  the  committee  on  the  Exec- 
utive. 

The  Resolution  relative  to  the  pardoning  power  (Doc.  No. 
310)  was  read  a  second  time;  and  it  was  ordered  to  a  third 
reading. 

Tne  Resolution  providing  for  a  state  budget  and  the  veto 
by  the  Governor  of  items  or  parts  of  items  in  appropriation 
bills  (Doc.  No.  325)  was  read  a  second  time. 

After  debate  Mr.  O'Connell  of  Boston  moved  that  the  Con- 
vention resolve  itself  into  Committee  of  the  Whole,  for  the 
purpose  of  considering  the  pending  resolution;  and  this  motion, 
after  debate,  was  negatived. 

Mr.  Dellinger  of  Wakefield  moved  that  the  resolution  be 
amended  by  striking  out,  in  line  16,  the  word  "increase,"  and 
the  word  ",  add". 


Compulsory 
voting. 

Id. 


tion  bills. 

Committee  of 
the  Whole. 


Mr.  Dellinger, 
—  amendments. 


WEDNESDAY,  JULY  10,  1918.  693 

The  same  member  then  moved  that  a  recess  be  taken  until 
two  o'clock;  and  this  motion  prevailed. 

Accordingly,  at  two  minutes  before  one  o'clock,  the  President  Recess. 
declared    a   recess    until  two    o'clock;    at    which  hour  the  Con- 
vention reassembled. 

After  debate  Mr.  Parkman  of  Boston  moved  that  the  resolu-  Mr.  Parkman, 
tion  be  amended  by  striking  out,  in  line  10,  the  word  "ensuing",  -amendments. 
and  inserting  in  place  thereof  the  words  "current  fiscal";    and 
by  inserting  after  the  word  "bill",  in  line  27,  the  words  ",  except 
upon  recommendation  of  the  governor". 

After  further  debate   (Mr.   Kelley  of  Rockland  being  in  the  Mr.  Hobbs,  — 
chair)   Mr.  Hobbs  of  Worcester  moved   that   the  resolution   be  ai 
amended  by  striking  out,  in  line  7,  the  words  "unless  specifically 
authorized  by  the  general  court",  and  inserting  in  place  thereof 
the  words  "except  under  authority  of  law";    by  inserting  after 
the  word  "bill",  in  line  27,  the  words  ",  except  bills  carrying 
appropriations   for   the   salaries   and   other   expenditures   of   the 
general   court";    and   by  inserting   after  the   word   "court",  in 
line  30,  the  word  "present  and  voting  thereon". 

Mr.    O'Connell    of    Boston    moved    that    the    resolution    be  Mr.  J.  F. 
amended   by  striking  out,  in  line  8,  the   words   "  Within  three  amendment? 
weeks",   and   inserting  in  place  thereof  the   words   "Not  later 
than  two  months". 

Mr.  Avery  of  Holyoke  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "bill",  in  line  27,  the  words  ":  pro- 
vided, however,  that,  after  the  expiration  of  the  fiscal  year  and 
until  the  passage  of  the  general  appropriation  bill,  liabilities 
payable  out  of  a  regular  appropriation  to  be  contained  therein 
may  be  incurred  to  an  amount  not  exceeding  one-third  of  the 
total  of  such  appropriation  for  the  preceding  year". 

After  debate  Mr.  Chandler  of  Somerville  moved  the  previous  Previous 
question.  question' 

Mr.  Williams  of  Brookline  then  moved  that  the  Convention 
adjourn;  and  this  motion  was  adopted,  by  a  vote  of  66  to  41. 

Accordingly,    at   ten   minutes   past   four   o'clock    (Mr.   Kelley  Adjournment. 
being   in   the   chair),    the    Convention  .adjourned,    to   meet   to- 
morrow at  half-past  ten  o'clock  A.M. 


694 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  July  11,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Harry  P.  Rankin  of  Boston. 


James  Logan, 


RoyF. 
Bergengren. 


George  W. 
Anderson. 


Charles  P. 
Howard. 


Leave  of  Absence. 

On  motion  of  Mr.  Hobbs  of  Worcester,  — 

Ordered,  That  Mr.  Logan  of  Worcester  be  granted  leave  of 
absence,  under  Rule  13,  until  July  19,  on  account  of  engage- 
ments outside  the  Commonwealth  in  connection  with  the  na- 
tional government. 

On  motion  of  Mr.  Hoitt  of  Lynn,  — 

Ordered,  That  Mr.  Bergengren  of  Lynn  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  having  entered  the  war 
service  of  the  United  States. 

On  motion  of  Mr.  Walker  of  Brookline,  — 

Ordered,  That  Mr.  Anderson  of  Brookline  be  granted  leave  of 
absence,  under  Rule  13,  so  far  as  his  duties  as  Interstate  Com- 
merce Commissioner  prevent  his  attendance. 

On  motion  of  Mr.  Newhall  of  Stoneham,  — 

Ordered,  That  Mr.  Howard  of  Reading  be  granted  leave  of 
absence,  under  Rule  13,  because  of  duties  devolving  upon  him  as 
lieutenant  in  the  53d  Pioneer  Infantry,  United  States  Army. 


General 
Court,  — 
membership. 


Motion  to 
postpone. 


Elections,  — 

compulsory 

voting. 


Reconsidera- 
tion prevails. 


Motions  to  Reconsider. 

Mr.  Broderick  of  Waltham  moved  that  the  vote  be  reconsid- 
ered by  which  the  Convention,  at  the  preceding  session,  rejected 
the  proposal  embodied  in  the  Resolution  relative  to  the  appor- 
tionment of  members  of  the  General  Court  (Doc.  No.  169). 

After  debate  Mr.  Sawyer  of  Ware  moved  that  the  further  con- 
sideration of  the  motion  to  reconsider  be  postponed  until  Tuesday 
next;  and  this  motion,  after  debate,  was  negatived,  by  a  vote 
of  38  to  80. 

The  motion  to  reconsider  was  then  negatived,  by  a  vote  of  54 
to  78. 

Mr.  Smith  of  Provincetown  moved  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  preceding  session, 
rejected  the  proposal  embodied  in  the  Resolution  relative  to 
compulsory  voting  at  elections  (Doc.  No.  282). 

After  debate  the  question  was  put;  and  76  members  voted  in 
the  affirmative  and  74  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Benton  of  Belmont;  and  on  the  roll  call 
114  members  voted  in  the  affirmative  and  83  in  the  negative, 
as  follows:  — 


THURSDAY,  JULY  11,  1918. 


695 


YEAS. 


Messrs.  Adams,  Smith  J. 

Anderson,  Frederick  L. 
Bangs,  Francis  R. 
Barnes,  George  L. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Boy  den,  Frank  L. 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Buck,  Maurice  A. 
Bullock,  William  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Rufus  H. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Frost,  Archie  N. 
Gartland,  John  J. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Good,  John  P. 
Green,  Thomas  H. 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 


Messrs.  Adams,  Brooks 

IAvery,  Nathan  P. 
Aylward,  James  F. 
Barker,  Warren  S. 


Messrs.  Hutchings,  Henry  M. 
Keliher,  John  A. 
Kelley,  George  W. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Lowe,  Arthur  H. 
Lyman,  Frank  E. 
Lynch,  John  C. 
Maguire,  James  E. 
Mancovitz,  David 
McCarthy,  Charles  F. 
Merrill,  George  Frye 
Mitchell,  Charles 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Merrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
O'ConneU,  John  P. 
O'Connell,  Joseph  F. 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Saunders,  Amos  T. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Walcott,  Robert 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Batchelder,  Albert  W. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Bicknell,  WaUace  H. 


696  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Boucher,  Joseph  Zoe'l  Messrs.  Kelly,  Luke  L. 

Brine,  Henry  C.  Kenefick,  Thomas  W. 

Broderick,  Patrick  S.  Kilbon,  John  L. 

Bryant,  Lincoln  Kinney,  William  S. 

Burns,  William  A.  Larson,  Charles  G. 

Burrell,  Fred  J.  Linke,  Fred  R. 

Chandler,  Leonard  B.  Look,  William  J. 

Charbonneau,  Henry  V.  Loring,  Augustus  P. 

Chase,  Mial  W.  Lowell,  James  A. 

Churchill,  George  B.  Luce,  Robert 

Cook,  Benjamin  A.  Mahoney,  John  J. 

Coombs,  Zelotes  W.  Mansfield,  John  J. 

Cooney,  Charles  P.  Michelman,  Joseph 

Costello,  Francis  M.  Mitchell,  John 

Creed,  James  F.  Moran,  William 

Curtis,  Arthur  B.  Newton,  H.  Huestis 

Daley,  Peter  O'Connell,  John  J. 

Delaney,  Louis  F.  Richardson,  Edward  A. 

Donoghue,  John  A.  Richardson,  James  P. 

Douglass,  John  J.  Robbins,  Edward  J. 

Farnsworth,  Frank  S.  Sawyer,  Roland  D. 

Feiker,  William  H.  Stoeber,  Charles 

Finn,  E.  Philip  Sullivan,  Michael  A. 

Fitz-Randolph,  Reginald  T.  Talbot,  Harry  R. 

Flynn,  Maurice  R.  Tatman,  Charles  T. 

Gaylord,  Henry  E.  Thompson,  Edward 

Giddings,  Charles  Turner,  Joseph 

Gleason,  Nesbit  G.  Walker,  George 

Graumann,  John  Walker,  Joseph 

Greenwood,  Hamlet  S.  Washburn,  Charles  G. 

Hall,  Elisha  S.  Waterman,  George  B. 

Hall,  Isaac  Freeman  Webster,  George  P. 

Harding,  Clarence  W.  Wheeler,  William 

Harriman,  Arthur  N.  Whitehead,  James 

Harrington,  Patrick  H.  Wilson,  William  H. 

Hoitt,  Augustus  J.  Wonson,  Carlton  W. 

Horgan,  Francis  J.  Wood,  Charles  J. 
Jones,  George  R. 

114  yeas;  83  nays. 

Therefore  the  motion  to  reconsider  prevailed. 

refS»dnement  Pending  the  recurring  question  on  the  rejection  of  the  proposal, 
as  recommended  by  the  committee  on  Suffrage,  Mr.  Barrett  of 
Cambridge  moved  that  the  further  consideration  of  the  resolu- 
tion be  postponed  until  Tuesday  next,  first  in  the  Orders  of  the 
Day;  and  this  motion,  after  debate,  was  negatived,  by  a  vote 
of  39  to  96. 

^r-  Linke  of  West  Springfield  then  moved  the  previous  ques- 
tion;   and  this  motion,  after  debate,  was  negatived. 

After  further  debate  Mr.  Sawyer  of  Ware  moved  the  previous 
question. 

Recess.  At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 

President  declared  a  recess  until  two  o'clcock;    at  which  hour 
the  Convention  reassembled. 

After  debate  the  previous  question  was  ordered. 

^6  <luestion  was  then  put  on  the  rejection  of  the  proposal; 
and  74  members  voted  in  the  affirmative  and  110  in  the  negative. 

The  sense  of  the  Convention  was  taken  by  yeas  and  nays,  at 
the  request  of  Mr.  WTebster  of  Haverhill;   and  on  the  roll  call  82 


THURSDAY,  JULY  11,  1918. 


697 


members  voted  in  the  affirmative  and  140  in  the  negative, 
follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 

Aylward,  James  F. 
Ballantyne,  John 
Bassett,  Edmund 
Bates.  Sanford 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Carr,  Edward 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Codman,  James  M.,  Jr. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Craven,  John  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Davis,  Elbridge  G. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Flaherty,  William 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 


Messrs.  Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 


Messrs.  Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelly,  Luke  L. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Murley,  Joseph  J. 
Newton,  H.  Huestis 
O'Connell,  John  P. 
Powers,  Samuel  L. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A . 
Stoeber,  Charles 
Sullivan,  Michael  A. 
Talbot,  Harry  R. 
Thompson,  Edward 
Turner,  Joseph 
Walker,  George 
Waterman,  George  B. 
Webster,  George  P. 
Whitehead,  James 
Wilson,  William  H. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Brine,  Henry  C. 
Brooks,  George  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Cummings,  Herbert  E. 


698 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Cusick,  John  F. 
Dale,  George  H. 
Daley,  Peter 
Daly,  John  W. 
Davis,  William  R. 
Day,  Charles  M. 
Dean,  Robert  A. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Glazier,  Frederick  P. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 


Messrs.  McKeon,  Francis  P. 
Merriam,  John  M. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morton,  James  M. 
Moynihan,  James  J. 
Myron,  John  F. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


House  of  Rep- 
resentatives, — 
representation. 


82  yeas;  140  nays. 

Therefore  the  rejection  of  the  proposal  was  negatived;  and  the 
resolution  was  placed  in  the  Orders  of  the  Day  for  the  next 
session  for  a  second  reading. 

Mr.  Morrill  of  Haverhill  moved  that  the  vote  be  reconsidered 
by  which  the  Convention,  at  the  preceding  session,  rejected  the 
proposal  embodied  in  the  Resolution  to  provide  for  a  more 
equitable  and  proportional  representation  in  the  House  of 
Representatives  (Doc.  No.  180). 

After  debate  the  motion  to  reconsider  was  negatived. 


THURSDAY,  JULY  11,  1918.  699 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The   Resolution   providing  for   a   state   budget   and   the   veto  state  budget; 
by   the   Governor  of  items  or  parts   of  items   in  appropriation  fnapproperia- 
bills  (Doc.  No.  325),  being  the  unfinished  business  of  the  pre-  tion  bills- 
ceding  session,  was  considered  further,  the  main  question  being 
on  ordering  it  to  a  third  reading. 

There  being  no  objection,  Messrs.  Avery  of  Holyoke,  Hobbs 
of  Worcester  and  Dellinger  of  Wakefield  severally  withdrew  the  and  rejected. 
amendments  previously  moved  by  them. 

The  pending  motion  for  the  previous  question  was  then  adopted. 

There  being  no  objection,  Mr.  Parkman  of  Boston  withdrew 
the  amendment  of  line  27,  previously  moved  by  him, 

The  amendment  previously  moved  by  Mr.  O'Connell  of  Boston 
was  then  rejected,  by  a  vote  of  19  to  82. 

The  amendment  previously  moved  by  Mr.  Parkman  (striking  Amendment 
out,   in   line    10,    the   word    "ensuing",    and   inserting   in   place  a  opte  ' 
thereof  the  words  "current  fiscal")  was  adopted;    and  the  reso- 
lution, as  amended,  was  ordered  to  a  third  reading. 


The  Resolution  providing  for  a  state  budget,  for  the  veto  of 
items  therein  and  for  state  financial  supervision  of  public  loans  public  loans.  ' 
(Doc.  No.  275,  —  so  much  thereof  as  relates  to  state  financial 
supervision  of  public  loans)  was  considered;  and  the  proposal 
was  rejected,  as  recommended  by  the  committees  on  State 
Finance  and  Municipal  Government,  sitting  jointly. 

The  Resolution  to  provide  for  biennial  elections  of  state  offi-  Biennial 
cers,  councillors  and  members  of  the  General  Court  (Doc.  No.  e 
126)  was  considered,  the  question  being  on  the  rejection  of  the 
proposal,  as  recommended  by  the  committee  on  Suffrage. 

After  debate  Mr.  Buttrick  of  Lancaster  moved  that  the  Con- 
vention adjourn;    and  this  motion  prevailed. 

Accordingly,  at  twenty-eight  minutes  past  four  o'clock   (Mr.  Adjournment. 
Washburn  of  Worcester  being  in  the  chair),  the  Convention  ad- 
journed, to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


700 


JOURNAL   OF   THE   CONVENTION, 


FRIDAY,  July  12,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Marcus  H.  Carroll  of  Hanover. 


John  W. 
McAnarney. 


Biennial 
elections. 


Previous 
question. 


Rejection 
negatived. 


Leave  of  Absence. 

On  motion  of  Mr.  Aylward  of  Cambridge,  — 

Ordered,  That  Mr.  McAnarney  of  Quincy  be  granted  leave  of 
absence  until  July  16,  on  account  of  necessary  absence  from  the 
Commonwealth. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  biennial  elections  of  state  of- 
ficers, councillors  and  members  of  the  General  Court  (Doc.  No. 
126),  being  the  unfinished  business  of  the  preceding  session,  was 
considered  further,  the  question  being  on  the  rejection  of  the 
proposal,  as  recommended  by  the  committee  on  Suffrage. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Underbill  of  Somerville. 

The  question  was  then  put  on  the  rejection  of  the  proposal; 
and  79  members  voted  in  the  affirmative  and  98  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Mahoney  of  Boston;  and  on  the  roll  call 
95  members  voted  in  the  affirmative  and  111  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Daley,  Peter 


Messrs.  Davis,  Elbridge  G. 
Davis,  William  R. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Driscoll,  Dennis  D. 
Feiker,  William  H. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Kinney,  William  S. 
Larson,  Charles  G. 


FRIDAY,  JULY  12,  1918. 


701 


Mesfers.  Lomasney,  Martin  M. 
Lowell,  James  A. 
Luce,  Robert 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McKeon,  Francis  P. 
Merriam,  John  M. 
MitcheU,  Charles 
MitcheU,  John 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huefetis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Benton,  Everett  C. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouv6,  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brine,  Henry  C. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Cusick,  John  F. 
Dale,  George  H. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dutch,  Charles  Frederick 


Messrs.  Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sullivan,  William  J. 
UnderhiU,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wilson,  William  H. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Merrill,  George  Frye 
Michelman,  Joseph 
Montague,  David  T. 
Moore,  Charles  D.  C. 


702 


JOURNAL  OF  THE  CONVENTION, 


Biennial 
elections 
and  sessions. 


Previous 
question. 


District 
attorneys, — 
appointment. 


Quorum. 


Messrs.  Nutting,  Edward  H. 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Richardson,  James  P. 
Robbins,  Etiward  J. 
Saunders,  Amos  T. 
Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 


Messrs.  Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


95  yeas;  111  nays. 

Therefore  the  rejection  of  the  proposal  was  negatived;  and 
the  resolution  was  placed  in  the  Orders  of  the  Day  for  the  next 
session  for  a  second  reading. 

The  Resolution  providing  for  biennial  elections  of  state  offi- 
cers, councillors  and  members  of  the  General  Court,  and  for 
biennial  sessions  of  the  General  Court  (Doc.  No.  40)  was  con- 
sidered, the  question  being  on  the  rejection  of  the  proposal,  as 
recommended  by  the  committee  on  Suffrage. 

After  debate  (Mr.  Bouve  of  Hingham  having  been  in  the  chair) 
the  previous  question  was  ordered,  on  motion  of  Mr.  Underbill 
of  Somerville. 

After  further  debate  the  proposal  was  rejected. 

The  Resolution  relative  to  the  appointment  of  the  Attorney- 
General  by  the  Governor  and  of  the  district  attorneys  by  the 
Attorney-General  (Doc.  No.  161,  —  so  much  thereof  as  relates 
to  the  appointment  of  district  attorneys)  was  considered,  the 
question  being  on  the  rejection  of  the  proposal,  as  recommended 
by  the  committee  on  County  and  District  Government. 

After  debate  Mr.  Bouve  of  Hingham  moved  that  a  recess  be 
taken  until  two  o'clock;  and  this  motion,  after  debate,  was  neg- 
atived. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

Mr.  Harriman  of  New  Bedford  moved  that  the  roll  of  the 
Convention  be  called,  to  ascertain  if  a  quorum  was  present;  and 
this  motion  was  adopted,  by  a  vote  of  16  to  4. 

The  roll  was  then  called;  and  135  members  answered  to  their 
names,  as  follows:  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L . 
Bates,  Sanford 


Messrs.  Benton,  Everett  C. 
Bicknell,  Wallace  H. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoe'l 
Bouve",  Walter  L. 
Boyer,  Elmer  E. 
Brennan,  James  J. 


FRIDAY,  JULY  12,   1918. 


703 


.  Broderick,  Patrick  S. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Corrigan,  Robert  S. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delaney,  Louis  F. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  James  A. 
Doran,  James  P. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Larson,  Charles  G. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Lomasney,  Martin  M. 


Messrs.  Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Moran,  William 
Morton,  James  M. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Nutting,  Edward  H. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parkman,  Henry 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Michael  A. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Turner,  Joseph 
Walker,  George 
Walker,  Joseph 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
White,  John  A. 
Whitehead,  James 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


Therefore  it  appeared  that  a  quorum  was  not  present. 
On  the  appearance  of  a  quorum,  and  after  further  debate,  the 
proposal  was  rejected. 


704 


JOURNAL  OF  THE  CONVENTION, 


District 
attorneys,  — 
appointment. 


Elected 
officials, 
—  removal. 


Office  holders, 
—  appoint- 
ment to 
office. 


Mr.  George,  — 
amendment. 


Militia,  — 
selection 
of  officers. 
Mr.  Newhall, 
amendment. 


Adjournment. 


The  Resolution  providing  for  the  appointment  of  district  at- 
torneys (Doc.  No.  48)  was  considered;  and  the  proposal  was  re- 
jected, as  recommended  by  the  committee  on  County  and  Dis- 
trict Government. 

The  Resolution  relative  to  empowering  the  Governor  to  re- 
move from  office  certain  officials  elected  by  the  people  (Doc.  No. 
75)  was  considered;  and  after  debate  the  proposal  was  rejected, 
as  recommended  by  the  committee  on  the  Executive. 

The  Resolution  relative  to  the  appointment  of  certain  public 
officials  to  public  office  while  holding  positions  in  the  public 
service  (Doc.  No.  55)  was  considered,  the  question  being  on  the 
rejection  of  the  proposal,  as  recommended  by  the  committee  on 
State  Administration. 

Mr.  George  of  Haverhill  moved  that  the  resolution  be  amended 
by  striking  out  lines  1  to  5,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"Resolved,  That  it  is  expedient  to  amend  the  constitution  by 
the  adoption  of  the  following  article  of  amendment:  - 

No  member  of  the  general  court  shall,  during  the  term  for 
which  he  is  elected,  be  eligible  to  any  office  under  the  authority 
of  the  commonwealth,  except  an  office  to  be  filled  by  vote  of  the 
people." 

After  debate  the  amendment  was  rejected,  by  a  vote  of  51  to 
68;  and  the  proposal  was  also  rejected. 

The  R  esolution  relative  to  the  selection  of  officers  of  the  militia 
(Doc.  No.  316)  was  read  a  second  time. 

Mr.  Newhall  of  Stoneham  moved  that  the  resolution  be 
amended  by  striking  out,  in  lines  14  to  19,  inclusive,  the  words 
",  and  all  such  officers  entitled  by  law  to  receive  commissions 
shall  be  commissioned  by  the  governor,  but  no  officer  shall  be 
appointed  unless  he  shall  have  passed  an  examination  prepared 
by  a  competent  commission  or  shall  have  served  one  year  in 
either  the  federal  or  state  militia  or  military  service". 

After  debate,  pending  the  question  on  the  amendment,  - 

At  half-past  four  o'clock,  under  the  provisions  of  a  standing 
order,  the  President  declared  the  Convention  adjourned,  to 
meet  on  Tuesday  next  at  half-past  ten  o'clock  A.M. 


TUESDAY,  JULY  16,  1918. 


705 


TUESDAY,  July  16,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  George  M.  Howe  of  Groton. 


Leave  of  Absence. 

On  motion  of  Mr.  Quincy  of  Boston,  — 

Ordered,   That  Mr.   Walsh  of  Fitchburg  be  granted  leave   of  David  I. 
absence,  under  Rule  13,  for  10  days,  on  account  of  illness. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 
Ordered,  That  Mr.  Barnes  of  Weymouth  be  granted  leave  of 
absence,   under  Rule   13,   so  far  as  his  duties   as  a  member  of 
the   United   States   Shipping   Board   Emergency   Fleet   Corpora- 
tion prevent  his  attendance. 

On  motion  of  Mr.  Merrill  of  Gloucester,  — 

Ordered,  That  Mr.  Wonson  of  Gloucester  be  granted  leave  of 
absence,  under  Rule  13,  until  July  20,  on  account  of  duties  in 
connection  with  the  State  Guard. 


Sittings  of  a  Committee. 

On  motion  of  Mr.  Parkman  of  Boston,  — 

Ordered,  That  the  committee  on  State  Finance  be  authorized 
to  sit  during  the  sessions  of  the  Convention.  —sittings. 


Compensation  of  Certain  Employees. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent  Ex-  compensation 
penses  and  Pay-Roll,  who  were  authorized  (by  an  order  adopted  ~ 
on  June  27)  to  determine  and  report  the  compensation  for  the 
1918  session  to  be  paid  the  Secretaries  and  Sergeant-at-Arms  of 
the  Convention,  and  such  assistants  in  their  respective  depart- 
ments as  have  been  approved   by  the   committee  on   Rules   and 
Procedure,   reported    (in   part)    recommending   that   the   clerical 
assistants  in  the  office  of  the  Secretary,   and  the  doorkeepers, 
assistant  doorkeepers,  messengers,  pages  and  other  employees  of 

\Sergeant-at-Arms,  be  allowed  the  same  per  diem  compensation 
was  allowed  for  the  1917  session,  as  follows:  - 

Per  Diem. 

Secretary's  assistants:  — 

Two  clerical  assistants,  each,    .         .  $6  00 

clerical  assistant,       ...  4  00 
•geant-at-Arms'  assistants :  — 

.e  doorkeeper,        ....  3  50 

Two  assistant  doorkeepers,  each,       .  3  25 

One  document  clerk,                   .         .  3  50 

One  assistant  document  clerk, .  3  00 

postmaster, 3  25 


the 
as 


706 


JOURNAL  OF  THE  CONVENTION, 


One  assistant  postmaster, 
Fourteen  messengers,  each, 
Four  pages,  each,     . 
One  porter,     . 


Per  Diem. 

$2  50 
3  00 
2  50 
2  00 


The  report  was  considered  forthwith;   and  it  was  accepted. 


Elected 
officials,  — 
removal. 


Militia,  — 
selection  of 
officers. 


Previous 
question. 


Militia,  — 
powers  of 
Commander- 
in-Chief  and 
General  Court. 


Governor,  — 
powers  and  re- 
sponsibilities. 


Order  of 
procedure. 


Governor  and 
Lieutenant- 
Governor,  — 
succession  to 
offices. 


Governor 
and  others,  — 
sitting  and 
speaking  in 
the  General 
Court. 


Motion  to  Reconsider. 

Mr.  Maguire  of  Boston  moved  that  the  vote  be  reconsidered 
by  which  the  Convention,  at  the  preceding  session,  rejected 
the  proposal  embodied  in  the  Resolution  relative  to  empowering 
the  Governor  to  remove  from  office  certain  officials  elected  by 
the  people  (Doc.  No.  75). 

After  debate  the  motion  to  reconsider  was  negatived,  by  a 
vote  of  25  to  61. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  selection  of  officers  of  the  militia 
(Doc.  No.  316),  being  the  unfinished  business  of  the  preceding 
session,  was  considered  further,  the  main  question  being  on 
ordering  it  to  a  third  reading. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Chandler  of  Somerville. 

After  further  debate  the  amendment  previously  moved  by 
Mr.  Newhall  of  Stoneham  was  rejected,  by  a  vote  of  34  to  85; 
and  the  resolution  was  ordered  to  a  third  reading,  by  a  vote  of 
99  to  52. 

The  Resolution  relative  to  the  powers  of  the  Commander-in- 
Chief  and  of  the  General  Court  in  matters  concerning  the  militia 
(Doc.  No.  317)  was  read  a  second  time. 

After  debate  Mr.  Sullivan  of  Salem  moved  that  a  recess  be 
taken  for  one  hour;  and  this  motion  was  negatived. 

The  resolution  was  then  ordered  to  a  third  reading. 

The  Resolution  relative  to  the  powers  and  responsibilities 
of  the  office  of  Governor  (Doc.  No.  311)  was  read  a  second 
time. 

Mr.  Quincy  of  Boston  asked  unanimous  consent  that  the 
proposals  contained  in  the  resolution  be  considered  and  acted 
upon  separately  and  in  the  following  order:  1,  proposal  No.  8; 
2,  proposal  No.  6;  3,  proposal  No.  7;  4,  proposal  No.  1;  5, 
proposal  No.  2;  6,  proposal  No.  4;  7,  proposal  No.  5;  8,  pro- 
posal No.  3.  There  was  no  objection. 

Accordingly  proposal  No.  8  was  first  considered;  and  after 
debate  it  was  ordered  to  a  third  reading,  and  given  the  following 
title:  Resolution  relative  to  succession  to  the  offices  of  Governor 
and  Lieutenant-Governor  in  cases  of  vacancies  in  those  offices 
(see  Doc.  No.  397). 

Proposal  No.  6  was  then  considered,  the  same  relating  to 
granting  the  Governor  and  executive  and  administrative  officers 
the  right  to  sit  and  speak  in  either  branch  of  the  General  Court. 


TUESDAY,  JULY  16,  1918.  707 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  stand-  Recess, 
ing  order,  the  President  declared  a  recess  until  two  o'clock;    at 
which  hour  the  Convention  reassembled. 

After  debate  (Mr.  Hall  of  Taunton  being  in  the  chair)   the  Previous 
previous  question   was   ordered,   on   motion  of   Mr.   Sullivan  of  q 
Salem. 

After  further  debate  the  Convention  refused,  by  a  vote  of  37 
to  124,  to  order  the  proposal  to  a  third  reading. 

Mr.  Kenny  of   Boston   then  moved  that  the  Convention  ad- 
journ; and  thjs  motion  prevailed. 

Accordingly,   at   twenty-five   minutes   past  four   o'clock   (Mr.  Adjournment. 
Hall  being  in  the  chair),   the   Convention  adjourned,   to   meet 
to-morrow  at  half-past  ten  o'clcock  A.M. 


708 


JOURNAL  OF  THE  CONVENTION, 


Louis  Swig. 


Charles  O. 
Bailey. 


State  House 
elevator  men, 
—  compensa- 
tion. 


Use  of  natural 
resources. 


WEDNESDAY,  July  17,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Arakel  H.  Nazarian  of  Boston. 

Leave  of  Absence. 

On  motion  of  Mr.  Hall  of  Taunton,  — 

Ordered,  That  Mr.  Swig  of  Taunton  be  granted  leave  of 
absence,  under  Rule  13,  because  of  illness. 

On  motion  of  Mr.  Tatman  of  Worcester,  - 

Ordered,  That  Mr.  Bailey  of  Newbury  be  granted  leave  of 
absence,  under  Rule  13,  at  such  times  as  duties  in  connection 
with  war  work  prevent  his  attendance. 

Compensation  for  Elevator  Men. 

On  motion  of  Mr.  Dennis  D.  Driscoll  of  Boston,  — 
Ordered,    That    the   committee    on    Contingent    Expenses    and 
Pay-Roll    consider    what    compensation    shall    be    paid    to    the 
elevator  men  in  the  State  House  for  extra  work  performed  by 
reason  of  the  1918  session  of  the  Convention. 

Proposal  to  Amend  the  Constitution. 

Mr.  Balch  of  Boston  presented  a  Resolution  relative  to  the 
use  of  natural  resources.  The  same  member  moved  that  Rule 
35  be  suspended;  and  this  motion  was  referred,  under  Rule  56, 
to  the  committee  on  Rules  and  Procedure. 


Governor, 
—  powers  and 
responsibili- 
ties. 


Governor,  — 
return  of 
bills  to  the 
General  Court. 

Mr.  Hobbs,  — 
amendments. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  powers  and  responsibilities  of  the 
office  of  Governor  (Doc.  No.  311),  being  the  unfinished  business 
of  the  previous  session,  was  considered  further,  the  main  ques- 
tion being  on  ordering  it  to  a  third  reading. 

Proposal  No.  7  was  first  considered,  the  same  relating  to  the 
authority  of  the  Governor  to  return  bills  and  parts  of  bills  to 
the  General  Court. 

After  debate  Mr.  Hobbs  of  Worcester  moved  that  the  pro- 
posal be  amended  by  striking  out,  in  lines  120  to  122,  inclusive, 
the  words  ",  but  no  amendment  so  recommended  by  the  gov- 
ernor shall  be  rejected  in  either  branch  except  by  vote  taken 
by  yeas  and  nays";  and  by  striking  out,  in  lines  127  to  140, 
inclusive,  the  words  "The  governor  shall  have  the  right  before 
acting  upon  any  such  re-enacted  bill  to  disapprove  and  to 
strike  out  in  the  same  any  portion  thereof  which  he  may  deem 
properly  separable  from  the  remainder,  provided  that  within 
five  days  of  the  time  when  such  bill  was  laid  before  him  he 


WEDNESDAY,  JULY  17,  1918. 


709 


shall  return  to  the  branch  of  the  general  court  in  which  it 
originated  a  true  copy  of  the  portion  so  disapproved,  together 
with  his  objections  thereto  in  writing;  such  portion  shall  there- 
upon be  subject  to  reconsideration  and  re-passage  in  the  same 
manner  and  subject  to  the  same  requirements  as  a  bill  dis- 
approved by  the  governor,  and  if  so  re-passed  such  portion 
shall  be  deemed  to  be  reinstated  in  such  bill  and  shall  have  the 
force  of  law  as  a  part  thereof." 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Edwin  U.  Curtis  of  Boston. 

After  further  debate  the  amendments  were  severally  adopted; 
and  the  proposal,  as  amended,  was  ordered  to  a  third  reading, 
by  a  vote  of  99  to  32,  and  given  the  title:  Resolution  relative  to 
the  return  by  the  Governor,  with  recommendations  for  amend- 
ments, of  bills  passed  by  the  General  Court  (see  Doc.  No.  398). 

Proposal  No.  1  was  then  considered,  the  same  relating  to  the  Executive 
scope  of  the  executive  department  and  to  the  authority  of  the  fuThSy'oV 

Governor.  the  Governor. 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing  Recess. 
order,    the    President    declared    a   recess    until    two    o'clock;     at 
which  hour  the  Convention  reassembled. 

Mr.  Edwin  U.   Curtis  of  Boston  moved  that  the  roll  of  the  Quorum. 
Convention   be   called,    to   ascertain   if   a   quorum   was   present; 
and  this  motion  prevailed. 

The  roll  was  then  called;  and  120  members  answered  to  their 
names  as  follows  :  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Bassett,  Edmund 
Bates,  John  L. 
Bennett,  Frank  P. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 


Messrs.  Craven,  John  H. 

Creamer,  Walter  H. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  William  R- 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farflsworth,  Frank  S. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Jones,  George  R. 
Kelley,  George  W. 


710 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kelley,  Thomas  R. 

Kenefick,  Thomas  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Lomasney,  Martin  M. 
Look,  WiUiam  J. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Marshall,  Daniel  J. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Morton,  James  M. 
Nestor,  Patrick  F. 
O'Connell,  John  P. 
O'Connor,  John  D. 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 


Messrs.  Putnam,  Harry  B. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Shea,  John  T. 
Smith,  Jerome  S. 
Sullivan,  Michael  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburh,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Whipple,  Sherman  L. 
White,  John  A. 
Williams,  Fred  Homer 
Wing,  Herbert 


Mr.  Quincy,  — 
amendment. 


Previous 
question. 


Quorum. 


Proposal  No.  1 
rejected. 


Therefore  it  appeared  that  a  quorum  was  not  present. 

After  debate  (Mr.  Curtis  of  Revere  being  in  the  chair)  Mr. 
Quincy  of  Boston  moved  that  the  proposal  be  amended  by 
inserting  after  the  word  "constitution",  in  line  10,  the  words 
",  and  officers  having  quasi-judicial  powers  or  functions,  which 
officers  may  be  designated  by  law". 

The  previous  question  was  then  ordered,  on  motion  of  Mr. 
Chandler  of  Somerville. 

After  debate  the  amendment  was  adopted. 

On  the  question  on  ordering  the  proposal,  as  amended,  to  a 
third  reading,  51  members  voted  in  the  affirmative  and  66  in 
the  negative. 

Mr.  Gates  of  Westborough  raised  the  point  of  order  that  a 
quorum  was  not  present.  A  count  of  the  Convention  showed 
that  136  members  were  present. 

The  Chair  (Mr.  Curtis)  requested  the  Sergeant-at-Arms  to 
secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  question  was  again  put; 
and  56  members  voted  in  the  affirmative  and  86  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Walker  of  Brookline;  and  on  the  roll  call 
59  members  voted  in  the  affirmative  and  115  in  the  negative, 
as  follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 

Balch,  Francis  N. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Brine,  Henry  C. 


Messrs.  Burrell,  Fred  J. 

Butler,  A.  Webster 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Creamer,  Walter  H. 


WEDNESDAY,  JULY  17,  1918. 


711 


Messrs.  Dale,  George  H. 

Donovan,  Daniel  R. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Granfield,  William  J. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Leonard,  Joseph  J. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 


Messrs.  Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Bartlett,  Horac6  I. 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouve',  Walter  L. 
Boyden,  Frank  L. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Derbyshire,  James  H. 


Messrs.  Merrill,  George  Frye 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Morrill,  Charles  H. 
Peirce,  Albion  G. 
Peterson,  Patrick 


inn,  Timothy  F. 

y,  Herbert  L. 
Richardson,  James  P. 
Stoeber,  Charles 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Whipple,  Sherman  L. 
White,  John  A. 


NAYS. 


Messrs.  Doe,  Orestes  T. 

Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Fitz-Randolph,  Reginald  T. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lummus,  Henry  T. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W 


712 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Michelman,  Joseph 
Moran,  William 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 


Messrs.  Sheeban,  Christopher  A. 
Smith,  Jerome  S. 
Sullivan,  William  H. 
Talbot,  Harry  R. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wheeler,  William 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 


59  yeas;  115  nays. 

Therefore  the  Convention  refused  to  order  proposal  No.  1,  as 

amended,  to  a  third  reading. 

removafof~          Proposal  No.  2  was  then  considered,  the  same  relating  to  the 
appSSees.        authority    of    the    Governor    to    remove    executive    appointees. 

After  debate  Mr.   Quincy  of  Boston  asked  unanimous  consent 

that    the    proposal    be    withdrawn    from   further    consideration. 

There  was  no  objection. 

Proposal    No.    4    was    then    considered.     After    debate    Mr. 

Quincy  moved  that  the  Convention  adjourn;  and  this  motion 

prevailed. 
Adjournment.         Accordingly,   at  twenty-nine   minutes  past  four  o'clock   (Mr. 

Curtis  being  in  the  chair),  the  Convention  adjourned,  to  meet 

to-morrow  at  half-past  ten  o'clock  A.M. 


THURSDAY,  JULY  18,  1918.  713 


THURSDAY,  July  18,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Charles  Francis  Carter,  D.D.,  of 
Hartford,  Connecticut. 

Leave  of  Absence. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,  That  Mr.  Youngman  of  Boston  be  granted  leave  of  William  s. 
absence,  under  Rule  13,  on  account  of  illness  in  his  family  com-  Younsman- 
pelling  his  absence  from  the  Commonwealth. 

On  motion  of  Mr.  Sheehan  of  Boston,  — 

Ordered,   That   Messrs.    Douglass    of   Boston   and    Murley   of  John  j. 
Boston  be  granted  leave  of  absence,  under  Rule  13,  until  July  26,  j^eph*?.1 
on  account  of  service  with  the  State  Guard  at  Framingham.  Murley. 

On  motion  of  Mr.  McAnarney  of  Quincy,  — 

Ordered,  That  Mr.   Langelier  of  Quincy  be  granted  leave  of  Louis  F.  R. 
absence,  under  Rule  13,  on  account  of  necessary  absence  from  'LaQ^eher- 
the  Commonwealth. 

Resolution  on  the  Death  of  Lieutenant  Quentin  Roosevelt. 

There  being  no  objection,  Mr.  Washburn  of  Worcester  offered 
the  following  order;  and  the  same  was  adopted:  — 

Ordered,    That    the    President    of    the    Convention    appoint   a  Death  of 
committee  of  five  members  to  draft  a  resolution  expressive  of  Q^^ant 
the  sympathy  of  the  members  of  the  Convention  with  Colonel  Roosevelt, 
and  Mrs.   Theodore  Roosevelt  in  the  death  of  their  youngest 
son,    Lieutenant    Quentin    Roosevelt,    who    has    been    reported 
killed  in  an  aerial  battle  in  France. 

The    President    appointed    Messrs.    Washburn    of    Worcester,  special 
Parker  of  Lancaster,  Quincy  of  Boston,  Adams  of  Quincy  and  committee. 
tlart  of  Cambridge  the  committee. 

Subsequently  Mr.  Washburn,  for  the  special  committee,  re- 
ported the  following  resolution:  — 

Whereas,    Lieutenant    Quentin    Roosevelt,    youngest    son    of  Resolution 
Colonel   and   Mrs.   Roosevelt  and   one  of  four  brothers   in   the  a  opte  ' 
service,  has  been  reported  killed  in  an  aerial  battle  in  France,  — 

Resolved,  That  the  members  of  the  Massachusetts  Constitu- 
tional Convention  express  to  Colonel  and  Mrs.  Roosevelt  deep 
sympathy  in  their  great  sacrifice.  The  spirit  of  this  young  man, 
whose  brilliant  achievements  had  already  brought  him  distinc- 
tion, was  typical  of  that  which  pervades  the  youth  of  America, 
now  in  such  large  numbers  upon  the  battlefields  of  Europe.  The 
spirit  of  his  parents  is  typical  of  that  of  thousands  of  mothers 
and  fathers,  some  of  whom  are  now  suffering  from  a  like  affliction 
and  others  of  whom  are  prepared  to  meet  with  courageous  hearts 


714 


JOURNAL   OF  THE   CONVENTION, 


whatever  sacrifice  they  may  be  called  upon  to  make  in  this 
great  cause.  To  these  devoted  parents  of  our  American  youth, 
the  Convention  respectfully  extends  its  sympathy. 

"With  heart  that  beat  a  charge,  he  fell 
Foeward,  as  fits  a  man; 

Dear  Land,  whom  triflers  now  make  bold  to  scorn, 
(Thee!  from  whose  forehead  Earth  awaits  her  morn), 
How  nobler  shall  the  sun 
Flame  in  thy  sky,  how  braver  breathe  thy  air 
That  thou  bred'st  children  who  for  thee  could  dare 
And  die  as  thine  have  done." 


Resolution 
ordered 


The  resolution  was  considered  forthwith;  and  it  was  unani- 
mously adopted  by  a  rising  vote. 

On  motion  of  Mr.  Washburn  the  resolution  was  ordered 
spread  on  the  records  of  the  Convention,  and  an  engrossed  copy 
sent  to  Colonel  and  Mrs.  Roosevelt. 


Governor,  — 
powers  and 
responsibili- 


Governor,  — 
recommenda- 
tions for 
legislation. 

Mr.  Theller,  — 
amendment. 


Mr.  C.  G. 
Washburn,  — 
amendment. 


Previous 
question. 

Proposal  No.  4 
rejected. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  the  powers  and  responsibilities  of  the 
office  of  Governor  (Doc.  No.  311),  being  the  unfinished  business 
of  the  previous  session,  was  considered  further,  the  main  ques- 
tion being  on  ordering  it  to  a  third  reading. 

Proposal  No.  4  was  considered  further,  the  same  relating  to 
the  authority  of  the  Governor  to  make  recommendations  for 
legislation. 

After  debate  Mr.  Theller  of  New  Bedford  moved  that  the 
proposal  be  amended  by  inserting  after  the  word  "bills",  in 
line  51,  the  words  ",  except  the  general  appropriation  bill". 

Mr.  Washburn  of  Worcester  moved  that  the  proposal  be 
amended  by  striking  out,  in  lines  40  to  53,  inclusive,  the  words 
"designated  as  an  executive  bill  and  shall  be  before  the  general 
court  for  its  action,  subject  to  any  amendment  thereof  which  the 
governor  may  make  by  message  while  the  same  is  pending.  If 
any  such  bill  is  referred  to  a  committee  of  the  general  court  or 
of  either  branch  thereof  a  report  shall  be  made  thereon  within 
thirty  days  of  the  date  upon  which  the  same  was  recommended 
by  the  governor;  and  after  the  expiration  of  five  days  from  the 
time  when  it  is  made  such  report  shall  be  given  precedence  in 
consideration  in  both  branches  over  all  other  reports  or  bills. 
No  such  executive  bill  shall  be  rejected  in  either  branch  of  the 
general  court  except  by  a  vote  taken  by  yeas  and  nays",  and 
inserting  in  place  thereof  the  words  "referred  to  the  appropriate 
committee  and  thereafter  take  the  regular  course  of  a  legislative 
bill". 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 

After  debate  the  amendment  moved  by  Mr.  Theller  was 
rejected;  the  amendment  moved  by  Mr.  Washburn  was  adopted, 


THUKSDAY,  JULY  18,  1918.  715 

by  a  vote  of  115  to  4;   and  the  Convention  refused,  by  a  vote  of 
66  to  108,  to  order  proposal  No.  4,  as  amended,  to  a  third  reading. 

Proposal  No.  5  was  then  considered,  the  same  relating  to  Governor,— 
giving  the  Governor  authority  to  refer  to  the  voters  certain  effective 
proposed  legislative  measures.  measures. 

Mr.  Walker  of  Brookline  moved  that  the  proposal  be  amended 
by  striking  out,  in  lines  56  and  57,  the  words  "during  the 
session  at  which",  and  inserting  in  place  thereof  the  words 
"before  the  first  day  of  July  after";  by  inserting  after  the 
word  "governor",  in  line  57,  the  words  ",  if  said  bill  has  received 
the  affirmative  votes  of  one-third  of  the  members  of  the  house 
of  representatives  present  and  voting  thereon,";  and  by  strik- 
ing out,  in  lines  71  to  95,  inclusive,  the  words  "In  case  any  bill 
disapproved  by  the  governor  shall  be  passed  by  the  general 
court  notwithstanding  his  objections,  the  same  shall  not  take 
effect  until  thirty  days  from  the  date  of  such  passage,  and  the 
governor  shall  have  the  right  at  any  time  within  such  period 
to  suspend  the  operation  of  such  bill  until  the  same  has  been 
referred  to  the  people  by  filing  with  the  secretary  of  the  com- 
monwealth a  written  notice  of  such  suspension  and  reference. 
The  question  of  approving  or  rejecting  such  bill  shall  be  placed 
upon  the  official  ballot,  in  a  form  approved  by  the  governor, 
and  voted  on  at  the  state  election  next  ensuing;  and  if  such 
bill  is  approved  by  a  majority  of  the  voters  voting  thereon  the 
same  shall  become  law  and  shall  take  effect  at  the  expiration  of 
thirty  days  after  the  election  at  which  it  was  approved,  or  at 
such  time  after  the  expiration  of  the  said  thirty  days  as  may 
be  fixed  in  such  bill. 

"If  any  bill  disapproved  by  the  governor  fails  of  passage  by 
1  the  general  court  in  the  manner  provided  in  the  constitution, 
the  general  court  may,  by  resolve  which  shall  take  effect  without 
being  laid  before  the  governor  for  his  approval,  refer  such  bill 
to  the  people  in  the  manner  and  with  the  effect  prescribed  and 
set  forth  in  the  forty-second  article  of  amendment  of  the  con- 
stitution." 

After  debate  the  previous  question  was  ordered,  on  motion  of 

•\T-\T  f  T>      j.  question. 

Mr.  Youngman  of  Boston. 

The  amendments  were  then  rejected,  by  a  vote  of  25  to  70;  Proposal  NO.  5 
and  the  Convention  refused,  by  a  vote  of  25  to  99,  to  order  rejecte  • 
proposal  No.  5  to  a  third  reading. 

Proposal  No.  3  was  then  considered,  the  same  providing  for  a  Governor  and 
two-year  term  for  Governor  and  Lieutenant-Governor.  Governor?— 

Mr.  Creed  of  Boston  moved  that  a  recess  be  taken  until  two  two-year  term. 
o'clock;  and  this  motion  prevailed. 

Accordingly,  at  four  minutes  before  one  o'clock,  the  President  Recess. 
declared  a  recess  until  two  o'clock;    at  which  hour  the  Conven- 
tion reassembled. 

Mr.  Gates  of  Westborough  then  moved  that  the  proposal  be 
laid  on  the  table;  and  this  motion,  after  debate,  was  negatived. 

Mr.  Brown  of  Brockton  moved  that  the  further  consideration  Postpone- 
of  the  proposal  be  postponed  until  after  the  disposition  of  the  ment< 
remaining  matters  in  the  Orders  of  the  Day;    and  this  motion 
prevailed. 


716 


JOURNAL  OF  THE  CONVENTION, 


Women  as 
notaries  public. 


Mr.  Morton,  — 
amendment. 


Judicial 
power,  — 
distribution 
and  exercise. 


Id. 


Labor  rights 
and  disputes. 


Right  to 
labor. 


Labor  rights. 


Adjournment. 


The  Resolution  providing  that  women  shall  be  eligible  to 
appointment  as  notaries  public  (Doc.  No.  315)  was  read  a  second 
time. 

Mr.  Morton  of  Fall  River  moved  that  the  resolution  be 
amended  by  adding  at  the  end  of  the  article  of  amendment  the 
words  ";  provided  that  change  of  name  shall  render  the  com- 
mission void,  but  shall  not  prevent  reappointment  under  the  new 
name". 

After  debate  the  amendment  was  adopted;  and  the  resolution, 
as  amended,  was  ordered  to  a  third  reading. 

The  Resolution  relative  to  the  distribution  and  exercise  of 
the  judicial  power  (Doc.  No.  313)  was  read  a  second  time;  and 
after  debate  the  Convention  refused  to  order  the  resolution  to 
a  third  reading. 

The  Resolution  relative  to  the  distribution  and  exercise  of  the 
judicial  power  (Doc.  No.  314)  was  read  a  second  time;  and  the 
Convention  refused  to  order  the  resolution  to  a  third  reading. 

Resolutions  — 

That  labor  be  held  to  be  a  personal  and  not  a  property  right 
and  that  the  issue  of  injunctions  be  limited  in  labor  disputes 
(Doc.  No.  30);  and 

Relative  to  the  right  to  labor  and  to  enjoy  the  fruits  thereof 
(Doc.  No.  146); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committees  on  Labor  and 
Judicial  Procedure,  sitting  jointly. 

The  Resolution  providing  for  a  clearer  declaration  of  certain 
rights  of  working  men  and  women  (Doc.  No.  150)  was  considered, 
the  question  being  on  the  rejection  of  the  proposal,  as  recom- 
mended by  the  committees  on  Labor  and  Judicial  Procedure, 
sitting  jointly. 

After  debate  (Mr.  Benton  of  Belmont  having  been  in  the  chair) 
and  without  action  on  the  resolution,  — 

At  half-past  four  o'clock,  under  the  provisions  of  a  standing 
order,  the  President  declared  the  Convention  adjourned,  to  meet 
to-morrow  at  half-past  ten  o'clock  A.M. 


FRIDAY,  JULY  19,  1918.  717 


FRIDAY,  July  19,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  John  L.  Keedy  of  North  Andover. 

The  Secretary  announced  the  temporary  absence  of  the  Presi- 
dent, and  stated  that  Mr.  Underhill  of  Somerville  had  been  ap- 
pointed to  perform  the  duties  of  the  Chair. 

Leave  of  Absence. 

On  motion  of  Mr.  Nestor  of  Lowell,  — 

Ordered,    That  Mr.  Adams  of  Lowell  be  granted  leave  of  ab-  Smith  j. 
sence,  on  account  of  a  death  in  his  family.  Adams. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  providing  for  a  clearer  declaration  of  certain  Labor  rights, 
rights  of  working  men  and  women  (Doc.  No.  150),  being  the 
unfinished  business  of  the  preceding  session,  was  considered  fur- 
ther, the  question  being  on  the  rejection  of  the  proposal,  as 
recommended  by  the  committees  on  Labor  and  Judicial  Pro- 
cedure, sitting  jointly. 

After  debate  Mr.  Brown  of  Brockton  moved  that  the  resolu-  Mr. E.G. 
tion  be  amended  by  striking  out  lines  3  to  15,  inclusive,   and  ^endment 
inserting  in  place  thereof  the  following:  — 

"  The  labor  of  a  human  being  shall  not  be  deemed  to  be  a  com- 
modity or  article  of  commerce.  And  the  legislature  shall  not  pass 
a  law  nor  the  courts  construe  any  laws  of  the  commonwealth  con- 
trary to  this  declaration." 

After  further  debate  Mr.  Luce  of  Waltham,  there  being  no  ob-  Allied  victory 
jection,  made  announcement  of  the  latest  reports  from  the  war 
front,  to  the  effect  that  the  allied  armies  had  just  won  a  signifi- 
cant victory  along  the  Marne  in  France;  and  moved  that,  as  a 
slight  share  in  the  general  demonstration  of  joy,  the  Convention 
take  a  recess  until  two  o'clock.  The  motion  prevailed. 

Accordingly,    at   two   minutes   before   one   o'clock,    the   Chair  Recess. 
(Mr.  Underhill)   declared  a  recess  until  two  o'clock;    at  which 
hour   the    Convention   reassembled,    with   the   President   in   the 
chair. 

Mr.  Dennis  D.  Driscoll  of  Boston  moved  that  the  Convention 
adjourn;  and  this  motion  was  negatived,  by  a  vote  of  26  to  48. 

Mr.  Edwin  U.  Curtis  of  Boston  then  moved  that  the  roll  of  Qu°™m. 
the  Convention  be  called,  to  ascertain  if  a  quorum  was  present; 
and  this  motion  prevailed. 

The  roll  was  then  called;  and  162  members  answered  to  their 
names,  as  follows:  — 


718 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Anderson,  Frederick  L. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Bergengren,  Roy  F. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Buck,  Maurice  A. 
Bullock,  William  J. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collins,  Samuel  I. 
Cook,  Benjamin  A. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 


Messrs.  Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flaherty,  William 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Kelley,  Thomas  R. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Dwight  F. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
Parkman,  Henry 
Peterson,  Patrick 
PiUsbury,  Albert  E. 
Powers,  Samuel  L. 
Quinn,  Timothy  F. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 


FRIDAY,  JULY  19,  1918.  719 

Messrs.  Sheehan,  Christopher  A.  Messrs.  Walker,  Joseph 

Sparrell,  Ernest  H.  Washburn,  Albert  H. 

Sullivan,  Edmund  G.  Washburn,  Charles  G. 

Sullivan,  William  H.  Webster,  Francis  E. 

Sullivan,  William  J.  Webster,  George  P. 

Sweet,  Joseph  L.  Wellman,  Arthur  Holbrook 

Talbot,  Harry  R.  Whipple,  Sherman  L. 

Theller,  Ralph  L.  White,  John  A. 

Thompson,  Edward  WMtehead,  James 

Trefry,  William  D.  T.  Whittier,  Eugene  P. 

Turner,  Joseph  Williams,  Fred  Homer 

Underhill,  Charles  L.  Wilson,  William  H. 

Walcott,  Robert  Wing,  Herbert 

Walker,  George  Wood,  Charles  J. 

Therefore  it  appeared  that  a  quorum  was  then  present. 

After  debate  the  previous  question  was  ordered,  on  motion  of  Previous 
Mr.  Underhill  of  Somerville. 

After  further  debate  (Mr.  Luce  of  Waltham  being  in  the  chair)  Proposal 
the  amendment  moved  by  Mr.  Brown  was  rejected;  and  the  re^ected- 
proposal  was  also  rejected. 

The  Resolution  regulating  the  issue  of  injunctions  in  labor  dis-  Labor  dis- 
putes (Doc.  No.  219)  (accompanying  the  petition  of  the  Massa-  SsuefpHn- 
chusetts   State   Branch   of  the   American  Federation   of  Labor)  junctions, 
was  considered. 

After  debate  the  report  of  the  committees  on  Labor  and  Judi- 
cial Procedure,  sitting  jointly  (that  the  petitioner  have  leave  to 
withdraw),  was  accepted;  and  the  proposal  was  rejected. 

The  Resolution  relative  to  regulating  the  issue  of  injunctions  id. 
in  labor  disputes  (Doc.  No.  220)  (accompanying  the  petition  of 
the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor)  (the  committees  on  Labor  and  Judicial  Procedure,  sitting 
jointly,  having  reported  recommending  that  the  petitioner  have 
leave  to  withdraw)  was  considered,  the  question  being  on  the  re- 
jection of  the  proposal. 

After  debate  Mr.  Benton  of  Belmont  moved  that  the  Conven- 
tion adjourn;  and  this  motion  prevailed. 

Accordingly,  at  twenty-seven  minutes  past  four  o'clock  (Mr.  Adjourn- 
Luce  being  in  the  chair),  the  Convention  adjourned,  to  meet  on  m 
Tuesday  next  at  half-past  ten  o'clock  A.M. 


720 


JOURNAL  OF  THE  CONVENTION, 


TUESDAY,  July  23,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  J.  Walker  of  Newton,  Secre- 
tary of  the  Massachusetts  Home  Missionary  Society. 


Resolutions  on 
the  victory  of 
the  Italian 
army. 


Everett  C. 
Benton. 


Francis  E. 
Webster. 


Truman  R. 
Hawley. 


John  P. 
O'Connell. 


James  Logan. 


Public 
education, 
—  uniform 
standards  of 
instruction. 


Acknowledgment  of  Resolutions. 

A  communication  from  the  local  Consul  of  His  Majesty  the 
King  of  Italy,  acknowledging  receipt  of  a  copy  of  the  resolutions 
adopted  by  the  Convention  on  June  25,  on  the  occasion  of  the 
victory  of  the  Italian  Army,  was  read;  and  the  same  was  placed 
on  file. 

Leave  of  Absence. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 

Ordered,  That   Mr.   Benton  of  Belmont   be   granted   leave   of 

absence,  under  Rule  13,  from  July  30  to  August  10,  on  account 

of  duties  in  connection  with  government  work. 

On  motion  of  Mr.  White  of  North  Brookfield,  - 
Voted,   That   Mr.   Webster   of  Waltham   be   granted   leave   of 
absence,  under  Rule  13,  for  three  days. 

On  motion  of  Mr.  Flynn  of  Maiden,  — 

Ordered,  That  Mr.  Hawley  of  Maiden  be  granted  leave  of 
absence,  under  Rule  13,  for  the  present  week,  on  account  of 
duties  in  connection  with  the  State  Guard. 

On  motion  of  Mr.  Sullivan  of  Lawrence,  - 

Ordered,  That  Mr.  O'Connell  of  Salem  be  granted  leave  of 
absence,  under  Rule  13,  at  such  times  as  his  duties  in  con- 
nection with  government  work  prevent  his  attendance. 

On  motion  of  Mr.  Hobbs  of  Worcester,  — 

Ordered,  That  Mr.  Logan  of  Worcester  be  granted  leave  of 
absence,  under  Rule  13,  until  July  30,  on  account  of  necessary 
absence  from  the  Commonwealth  in  connection  with  government 
work. 

Withdrawal  of  a  Resolution. 

Mr.  Churchill  of  Amherst  asked  unanimous  consent  that  the 
Resolution  relative  to  uniform  standards  of  instruction  for 
public  education  (Doc.  No.  385)  (the  same  having  been  reported 
by  him,  on  July  21,  for  the  special  committee  appointed  during 
the  recess,  under  authority  given  the  President  by  an  order 
adopted  on  November  27,  1917)  be  withdrawn  from  the  Orders 
of  the  Day. 

There  was  no  objection,  and  the  resolution  was  withdrawn  and 
placed  on  file. 


TUESDAY,  JULY  23,  1918.  721 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  regulating  the  issue  of  injunctions  Labor 
in  labor  disputes  (Doc.  No.  220)  (accompanying  the  petition  of  ^ 
the  Massachusetts  State  Branch  of  the  American  Federation  of  injunctions. 
Labor),  being  the  unfinished  business  of  the  preceding  session, 
was  considered  further,  the  question  being  on  the  rejection  of 
the  proposal. 

Mr.    Bodfish    of    Barnstable    moved    that    the    resolution    be  Mr.  Bodfish,  — 
amended  by  striking  out  sections  1,  2  and  3,  and  inserting  in  amendment- 
place  thereof  the  following:  — 

"Full  power  and  authority  are  hereby  vested  in  the  general 
court  to  provide  for  the  adjudication  of  any  controversies  between 
employers  and  employees  and  to  provide  against  lock-outs, 
strikes  or  any  other  cause  of  involuntary  or  unnecessary  unem- 
ployment and  to  fix  penalties  and  make  any  other  reasonable 
or  necessary  provisions  to  carry  out  the  purpose  of  this  amend- 
ment." 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  stand-  Recess, 
ing   order,    the   Chair    (Mr.    Washburn   of   Middleborough)    de- 
clared a  recess  until  two  o'clock;    at  which  hour  the  Convention 
reassembled,  with  the  President  in  the  chair. 

Mr.  Lomasney  of  Boston  asked  for  a  count  of  the  Convention,  Quorum. 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  57 
members  were  present. 

After  debate  (Mr.  Creamer  of  Lynn  being  in  the  chair),  the  Previpus 
previous  question  was  ordered,  on  motion  of  Mr.  Luce  of  Wai-  que£ 
tham. 

After  further   debate   Mr.   Harriman  of   New  Bedford   raised  Point  of  order, 
the  point  of  order  that  the  amendment  moved  by  Mr.  Bodfish 
was   not   germane   to   the  resolution   under   consideration.     The 
Chair  (Mr.  Creamer)  declared  the  point  of  order  not  well  taken. 

On  the  question  on  the  adoption  of  the  amendment,  86 
members  voted  in  the  affirmative  and  81  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Amendment 
at  the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;   and  on  the  rejec 
roll  call  97  members   voted   in   the   affirmative  and  112  in  the 
Jgative,  as  follows:  — 

YEAS. 

Adams,  Scott  Messrs.  Bouve*,  Walter  L. 

Balch,  Francis  N.  Boyden,  Frank  L. 

Bangs,  Francis  R.  Brine,  Henry  C. 

Barker,  Warren  S.  Brooks,  George  F. 

Bartlett,  Horace  I.  Bruce,  Charles 
Batchelder,  Albert  W.                    .         Bryant,  Lincoln 

Bates,  Sanford  Buck,  Maurice  A. 

Bennett,  Frank  P.  Burns,  William  A. 

Bicknell,  Wallace  H.  Burrell,  Fred  J. 

Blackmur,  Paul  R.  Buttrick,  Allan  G. 

Bodfish,  John  D.  W.  Chandler,  Leonard  B. 

Bolster,  Percy  G.  Chase,  Mial  W. 

Bosworth,  Henry  H.  Choate,  Charles  F.,  Jr. 


722 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Churchill,  George  B. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F 
Dale,  George  H. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kenefick,  Thomas  W. 


Messrs.  Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Bassett,  Edmund 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Charbonneau,  Henry  V. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Coogan,  Clement  F. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Creamer,  Walter  H. 
Creed,  James  F. 


Messrs.  Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Luce,  Robert 
MacMaster,  Edward  A. 
Merrill,  George  Frye 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parker,  Herbert 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Turner,  Joseph 
UnderhiU,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Cummings,  John  W. 
Daley,  Peter 
Davis,  William  R. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Flaherty,  William 
Flynn,  Maurice  R. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gleason,  Nesbit  G. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 


TUESDAY,  JULY  23,  1918. 


723 


Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
NewhaU,  Arthur  N. 
O'Connell,  John  J. 
O'ConneU,  John  P. 
O'Connell,  Joseph  F. 


Messrs.  O'Connor,  John  D. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Rieutord,  Louis  O. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Walker,  George 
Walker,  Joseph 
Webster,  George  P. 
Whipple,  Sherman  L. 
Whitehead,  James 
Whig,  Herbert 
Wonson,  Carlton  W. 


97  yeas;  112  nays. 


Therefore  the  amendment  moved  by  Mr.  Bodfish  was  rejected. 

On  the  question  on  the  rejection  of  the  proposal,  107  members 
voted  in  the  affirmative  and  48  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Proposal 
at  the  request  of  Mr.  Donovan  of  Springfield;    and  on  the  roll  reJected- 
call  126  members  voted  in  the  affirmative  and  79  in  the  negative, 
as  follows:  — 


Messrs.  Adams,  Scott 

Avery,  Nathan  P. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouve*,  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Bun-ell,  Fred  J. 


YEAS. 

Messrs.  Buttrick,  Allan  G. 

Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Davis,  Elbridge  G. 


724 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 


Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Barrett,  James  T. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creamer,  Walter  H. 
Creed,  James  F. 
Cummings,  John  W. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 


Messrs.  MacMaster,  Edward  A. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Moore,  Charles  D.  C. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
Parker,  Herbert 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 

NAYS. 

Messrs.  Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Moran,  William 


. 


TUESDAY,  JULY  23,   1918.  725 

Messrs.  Moriarty,  James  T.  Messrs.  Shea,  John  T. 

Morrill,  Charles  H.  Sheehan,  Christopher  A. 

Moynihan,  James  J.  Sherburne,  Nelson 

Myron,  John  F.  Stoeber,  Charles 

Nestor,  Patrick  F.  Sullivan,  Joseph  M. 

O'Connell,  John  J.  Sullivan,  Michael  A. 

O'Connell,  John  P.  Sullivan,  William  H. 

O'Connell,  Joseph  F.  Sullivan,  William  J. 

O'Connor,  John  D.  Thompson,  Edward 

Peterson,  Patrick  Walker,  George 

Quinn,  Timothy  F.  Webster,  George  P. 

Reidy,  Michael  J.  Whipple,  Sherman  L. 

Ross,  Samuel  Whitehead,  James 

Sawyer,  Roland  D.  Wonson,  Carlton  W. 
Shaw,  Michael  F. 

126  yeas;  79  nays. 

Therefore  the  proposal  was  rejected. 

Resolutions  — 

Relating  to  the  rules  of  evidence  in  the  trial  of  causes  in  the  Rules  of 
courts  of  the  Commonwealth  (Doc.  No.  189);    and  evidence. 

To  provide  for  the  framing  and  submission  by  the  court  to  Equity 
the  jury  of  issues  of  fact  in  equity  proceedings  when  requested  Jjf 
by  either  party  thereto  (Doc.  No.  190);  fact. 

Were  severally  considered;  and  the  proposals  were  severally  re- 
jected, as  recommended  by  the  committee  on  Judicial  Procedure. 

The  Resolution  to  provide  for  the  proposal  of  future  amend-  constitution, 
ments  to  the  Constitution  by  the  General  Court  (Doc.  No.  305),  —future 
was  read  a  second   time;    and   after  debate  the  Convention  re-  w 
fused  to  order  the  resolution  to  a  third  reading. 

The  Resolution  to  provide  for  the  calling  and  holding  of  Future  con- 
future  constitutional  conventions  (Doc.  No.  304)  was  read  a  Conventions. 
second  time. 

After   debate    (the   President   having   returned   to   the   chair)  Mr  LuC6t  _ 
Mr.  Luce  of  Waltham  moved  that  the  resolution  be  amended  amendments. 
by  striking  out,  in  lines  18  to  22,  inclusive,  the  words  "  :  provided, 
however,  that  the  number  of  delegates  shall  not  be  less  than  the 
number  of  representatives  in  the  general  court,  as  then  organized, 
nor  more  than  the  number  of  members  in  both  branches  thereof"; 
and  by  striking  out,  in  lines  23  to  25,  inclusive,  the  words  "The 
delegates  so  elected  shall  meet  within  three  months  after  their 
election  at  a  time  and  place  to  be  fixed  by  the  general  court." 

Mr.  Balch  of  Boston  moved  that  the  resolution  be  amended  Mr.  Baich,— 
by  adding  at  the  end  of  line  53  the  words  ",  unless  some  other  amendment, 
time  is  specifically  provided". 

Mr.  Washburn  of  Middleborough  moved  that  the  resolution  be  Mr  A  'H 
amended  by  striking  out,  in  lines  4  to  7,  inclusive,  the     words  ^^mentT 
"the  first  general  election  for  state  officers  to  be  held  after  the 
year  nineteen  hundred  and  thirty-six,  and  every  twentieth  year 
after  said  election,  and  also  at";    and  by  striking  out,  in  line  7, 
the  word  "other". 

Pending  action  on  the  amendments,  — 

At  half-past  four  o'clock,  under  the  provisions  of  a  standing  Adjournment. 
order,  the  President  declared  the  Convention  adjourned,  to  meet 

-morrow  at  half-past  ten  o'clock  A.M. 


726 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  July  24,  1918. 
Met  according  to  adjournment,  at  half -past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.   Roland   D.   Sawyer  of  Ware,   a 
member  of  the  Convention. 


Edward  J. 
Robbins. 


Timothy  J. 
Driscoll. 


Compensation 
of  members, 
—  payment 
for  July. 


Certain 
committees 
directed  to 
report. 


Credit  of 
the  Common- 
wealth; state 
debt. 


Labor 
disputes,  — 
issue  of 
injunctions. 


Leave  of  Absence. 

On  motion  of  Mr.  Hutchings  of  Dedham,  - 

Ordered,  That  Mr.  Robbins  of  Chelmsford  be  granted  leave 
of  absence,  for  July  25  and  26,  on  account  of  duties  in  con- 
nection with  the  State  Guard  at  Framingham. 

On  motion  of  Mr.  Costello  of  Boston,  — 

Ordered,  That  Mr.  Timothy  J.  Driscoll  of  Boston  be  granted 
leave  of  absence,  under  Rule  13,  until  August  6,  because  of 
engagement  in  government  work. 

Compensation  of  Members. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  compensation  of  the  members  of  the  Con- 
vention for  attendance  during  the  current  month  be  payable  on 
Friday,  July  26. 

Certain  Committees  Directed  to  Report. 

On  motion  of  Mr.  Buttrick  of  Lancaster,  — 

Ordered,  That  all  committees  of  the  Convention,  except  the 
committee  on  Amendment  and  Codification  of  the  Constitution, 
be  directed  to  report  upon  all  matters  before  them  on  or  before 
Tuesday,  July  30. 

Report  of  a  Committee. 

Mr.  Parkman  of  Boston,  for  the  committee  on  State  Finance, 
reported  recommending  that  the  Resolution  (recommitted) 
relative  to  loaning  the  credit  of  the  Commonwealth  and  the 
contracting  of  state  debt  (Doc.  No.  326)  ought  to  pass  with  an 
amendment,  adding  at  the  end  of  section  1  the  words  "privately 
owned  and  managed". 

The  resolution  was  placed  in  the  Orders  of  the  Day  for  the 
next  session,  the  main  question  being  on  ordering  it  to  a  third 
reading. 

Motion  to  Reconsider. 

Mr.  Jones  of  Melrose  moved  that  the  vote  be  reconsidered  by 
which  the  Convention,  at  the  preceding  session,  rejected  the 
proposal  embodied  in  the  Resolution  relative  to  regulating  the 
issue  of  injunctions  in  labor  disputes  (Doc.  No.  220)  (accompany- 
ing the  petition  of  the  Massachusetts  State  Branch  of  the 
American  Federation  of  Labor). 

After  debate  the  motion  to  reconsider  was  negatived. 


WEDNESDAY,  JULY  24,   1918.  727 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The    Resolution    to    provide   for   the    calling    and   holding    of  Future 
future  constitutional  conventions  (Doc.  No.  304),  being  the  un-  conventions? 
finished  business  of  the  preceding  session,  was  considered  further, 
the  main  question  being  on  ordering  it  to  a  third  reading. 

Mr.    Richardson    of    Newton    moved    that    the    resolution    be  Mr.  j.  p. 
amended  as  follows^- 

By  striking  out,  in  lines  41  to  43,  inclusive,  the  words  "the 
same  compensation  and  the  same  mileage  as  shall  then  be  annu- 
ally payable  to  the  members  of  the  general  court",  and  inserting 
in  place  thereof  the  words  "such  compensation  and  such  allow- 
ance for  mileage  as  the  convention  may  determine"; 

By  inserting  after  section  3  the  following:  — 

"SECTION  4.  The  general  court  shall  raise  by  taxation  or 
otherwise  and  shall  appropriate  and  place  at  the  disposal  of  the 
convention  such  money  as  it  determines  to  be  adequate  to  meet 
the  expenses  of  the  convention.  The  convention  may  obligate 
the  commonwealth  for  such  further  sum  as  may  be  necessary 
to  meet  its  expenses  and  the  general  court  shall  provide  for  the 
payment  of  any  deficit  so  caused  by  the  convention.";  and 

By  adding  at  the  end  of  the  resolution  the  following:  — 

"SECTION  6.  The  convention  shall  have  power  to  codify  the 
constitution  and  amendments  which  have  been  approved  and 
ratified  by  the  people  and  may  direct  its  president  to  promulgate 
such  codification  without  submission  to  the  people.  Upon  such 
promulgation  by  the  president  of  the  convention  such  codifica- 
tion shall  be  the  constitution  of  the  commonwealth." 

After  debate  (Mr.  Washburn  of  Worcester  being  in  the  chair)  Previous 

e  previous  question  was  ordered,  on  motion  of  Mr.  Chandler  (*uestlon- 
f  Somerville. 

After  further   debate  the   amendments   previously   moved  by  Amendments 
Mr.   Washburn  of  Middleborough  were  rejected,  by  a  vote  of  reJected- 
45  to  67. 

The  amendment  of  lines  18  to  22,  inclusive,  previously  moved  Amendment 
by  Mr.  Luce  of  Waltham,  was  adopted,  by  a  vote  of  66  to  37,  a< 
follows :    Striking  out  the  words   " :  provided,   however,   that 

e  number  of  delegates  shall  not  be  less  than  the  number  of 
representatives  in  the  general  court,  as  then  organized,  nor 
more  than  the  number  of  members  in  both  branches  thereof". 

The  amendment  of  lines  23  to  25,  inclusive,  previously  moved  w. 
by  Mr.  Luce,  was  adopted,  as  follows:    Striking  out  the  words 
"The  delegates  so  elected  shall  meet  within  three  months  after 
their  election  at  a  time  and  place  to  be  fixed  by  the  general 
court". 

The  amendment  of  lines  41  to  43,  inclusive,  moved  by  Mr.  id. 
Richardson  of  Newton,  was  adopted,  by  a  vote  of  88  to  2;    and 
the  remaining  amendments  moved  by  Mr.  Richardson  were  sev- 
erally adopted. 


728 


JOURNAL   OF  THE   CONVENTION, 


Amendment 
adopted. 


Resolution 
rejected. 


The  amendment  previously  moved  by  Mr.  Balch  of  Boston 
was  adopted,  as  follows:  Adding  at  the  end  of  line  53  the  words 
",  unless  some  other  time  is  specifically  provided". 

On  the  question  on  ordering  the  resolution,  as  amended,  to  a 
third  reading,  61  members  voted  in  the  affirmative  and  75  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Washburn  of  Middleborough;  and  on  the 
roll  call  84  members  voted  in  the  affirmative  and  109  in  the  nega- 
tive, as  follows :  — 

YEAS. 


Messrs.  Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bergengren,  Roy  F. 
Besse,  Harold  A. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Collier,  David  R. 
Cook,  Rufus  H. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Doran,  James  P. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Gates,  Joseph  S. 
Graumann,  John 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Lowell,  James  A. 


Messrs/Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Ay  1  ward,  James  F. 
Bangs,  Francis  R. 
Batchelder,  Albert  W. 
Benton,  Everett  C. 


Messrs.  Luce,  Robert 

Lummus,  Henry  T. 
Mancovitz,  David 
Mansfield,  John  J. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Nutting,  Edward  H. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Brennan,  James  H. 


WEDNESDAY,  JULY  24,   1918. 


729 


Messrs.  Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coogan,  Clement  F. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Daley,  Peter 
Davis,  William  R. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flaherty,  William 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Keliher,  John  A. 
Kelley,  George  W. 


Messrs.  Kelly,  Luke  L. 

Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kinney,  William  S. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Linke,  Fred  R. 
Look,  William  J. 
Lowe,  Arthur  H. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Montague,  David  T. 
Moynihan,  James  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Robbins,  Edward  J. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
SuUivan,  William  J. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Whipple,  Sherman  L. 
Whitehead,  James 
Williams,  Fred  Homer 
Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 


84  yeas;  109  nays. 


Therefore  the  Convention  refused  to  order  the  resolution,  as 
amended,  to  a  third  reading. 

The  report  of  the  committee  on  Form  and  Phraseology,  who  "Legislature" 
rere  directed   (under  an  order  adopted  July  10,  1917)   to  con-  courvT6™1 
ider    the    expediency    of    substituting   for   the    words    "General  "SuPr,f.me 

mrt",    wherever    they    occur    in    the    Constitution,    the    word  "Su1 
'Legislature",   and  for   the   words   "Supreme   Judicial   Court", 
wherever  they  occur  therein,   the  words   "Supreme   Court",  - 

it  it  is  expedient  to  substitute  for  the  words  "General  Court" 

j    word    "Legislature",  except  where   the    context   makes  the 
rords   "General   Court"  necessary,    and   that   it  is  inexpedient 


730 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Pillsbury, 
—  amendment. 


Decennial 

census. 


Mr.  Avery,  - 
amendment. 


Natural 
resources ,  — 
public  interest. 


Mr.  Clapp,  — 
amendments. 


Mr.  Loring,  — • 
amendments. 


Mr.  Kinney,  — 
amendment. 


to  substitute  for  the  words  "Supreme  Judicial  Court "  the 
words  "Supreme  Court",  —  was  considered. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  report  be  amended 
by  the  substitution  of  a  Resolution  to  make  the  designation  of 
the  Legislature  uniform  throughout  the  Constitution,  as  fol- 
lows: — 

Resolved,  That  it  is  expedient  to  amend  the  constitution  by 
the  adoption  of  the  subjoined  article  of  amendment:  - 

Wherever  the  words  "general  court"  or  "said  court"  are  used 
in  the  constitution  or  articles  of  amendment  thereof  as  desig- 
nating the  legislature  of  the  commonwealth,  the  word  "legis- 
lature" shall  be  substituted  therefor. 

After  debate  the  amendment  was  rejected;  and  the  recommen- 
dations of  the  committee  were  also  rejected. 

The  Resolution  relative  to  the  taking  of  the  decennial  census 
of  the  Commonwealth  (Doc.  No.  262)  was  considered,  the  ques- 
tion being  on  the  rejection  of  the  proposal,  as  recommended  by 
the  committee  on  State  Administration. 

After  debate,  at  one  o'clock,  under  the  provisions  of  a  standing 
order,  the  Chair  (Mr.  Washburn  of  Worcester)  declared  a  recess 
until  two  o'clock;  at  which  hour  the  Convention  reassembled, 
with  the  President  in  the  chair. 

Mr.  Avery  of  Holyoke  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  7  to  9,  inclusive,  the  words  "and  no 
other  census  of  the  inhabitants  shall  be  taken  under  the  authority 
of  the  commonwealth",  and  inserting  in  place  thereof  the  words 
"  which  enumeration  shall  determine  the  apportionment  of 
representatives  for  the  period  between  the  taking  of  the  census. 
The  general  court  shall  have  authority  to  take  a  census  of  the 
inhabitants  of  the  commonwealth". 

After  debate  the  amendment  was  adopted,  by  a  vote  of  72  to 
26;  and  the  proposal,  as  amended,  was  rejected. 

The  Resolution  relative  to  the  public  interest  in  natural 
resources  (Doc.  No.  344,  —  as  changed  by  the  committee  on 
Form  and  Phraseology  see  Doc.  No.  379)  was  read  a  third  time. 

After  debate  (Mr.  McCormack  of  Boston  being  in  the  chair) 
Mr.  Clapp  of  Lexington  moved  that  the  resolution  (see  Doc.  No. 
379)  be  amended  by  striking  out,  in  line  3,  the  words  ",  develop- 
ment and  utilization",  and  inserting  in  place  thereof  the  words 
"and  development";  and  by  striking  out,  in  lines  9  and  10,  the 
words  ",  development,  utilization  and  control",  and  inserting  in 
place  thereof  the  words  "and  development". 

Mr.  Loring  of  Beverly  moved  that  the  resolution  (see  Doc. 
No.  379)  be  amended  by  striking  out,  in  line  4,  the  words  "and 
water  resources",  and  inserting  in  place  thereof  the  words 
",  water  and  other  natural  resources";  and  by  striking  out,  in 
lines  6  and  7,  the  words '"by  purchase  or  otherwise",  and  insert- 
ing in  place  thereof  the  words  "upon  payment  of  just  compensa- 
tion therefor". 

Mr.  Kinney  of  Boston  moved  that  the  resolution  (see  Doc.  No. 
379)  be  amended  by  striking  out,  in  line  9,  the  word  "proper". 


WEDNESDAY,  JULY  24,  1918. 


731 


Mr.  Mancovitz  of  Boston  moved  that  the  resolution  (see  Doc.  Mr.  Mancovitz, 
No.  379)  be  amended  by  inserting  after  the  word  "taking",  in  ~ 
line  6,  the  words  "by  the  commonwealth". 

After  further  debate  (the  President  having  returned  to  the  Mr.  j.  p. 
chair),  Mr.  Richardson  of  Newton  moved  that  the  resolution 
(see  Doc.  No.  379)  be  amended  by  striking  out,  in  lines  6  and  7, 
the  words  "taking,  by  purchase  or  otherwise",  and  inserting  in 
place  thereof  the  words  "purchase,  or  taking  by  eminent  do- 
main". 

Mr.  Creed  of  Boston  then  moved  the  previous  question;    and 
this  motion,  after  debate,  was  negatived.  refused. 

Mr.   Mancovitz  of  Boston  then  moved  that  the  Convention 
adjourn;    and  this  motion  prevailed. 

Accordingly,   at  twenty-seven  minutes  past  four  o'clock,   the  Adjournment. 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 

A.M. 


732 


JOURNAL  OF  THE  CONVENTION, 


THURSDAY,  July  25,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 


Compensation 
of  Secretaries, 
Sergeant-at- 
Arms,  certain 
assistants  and 
elevator  men. 


Compensation  of  Officials  and  Others. 

Mr.  Wonson  of  Gloucester,  for  the  committee  on  Contingent 
Expenses  and  Pay-Roll,  who  were  authorized  (by  an  order 
adopted  on  June  27)  to  determine  and  report  the  compensation 
for  the  1918  session  to  be  paid  the  Secretaries  and  Sergeant-at- 
Arms  of  the  Convention  and  such  assistants  in  their  respective 
departments  as  have  been  approved  by  the  committee  on  Rules 
and  Procedure,  and  who  were  directed  (by  an  order  adopted  on 
July  17)  to  consider  what  compensation  shall  be  paid  to  the 
elevator  men  in  the  State  House  for  extra  work  performed  by 
reason  of  the  1918  session,  reported  (in  part  on  the  former  order) 
recommending  that  the  Secretary,  Assistant  Secretary,  Serge an t- 
at-Arms  and  three  assistants  in  the  office  of  the  Sergeant-at-Arms 
be  allowed  the  same  compensation  as  was  allowed  for  the  1917 
session,  and  that  the  elevator  men  be  allowed  $75  each,  as 
follows :  — 


Attorney- 
General,  — 
appointment. 


Abolition  of 
the  Council. 

Id. 


Secretary, 

Assistant  Secretary, 

Sergeant-at-Arms,     . 

One  first  assistant,  per  diem, 
One  secretary,  per  diem, 
One  second  clerk,  per  diem, 

Elevator  men,  each, 


$1,500  00 

1,050  00 

1,000  00 

4  00 

3  50 

3  25 

75  00 


The  report  was.  placed  in  the  Orders  of  the  Day  for  the  next 
ssion. 


session. 


Reports  of  Committees. 


Mr.  Gates  of  Westborough,  for  the  committees  on  State 
Administration  and  the  Executive,  sitting  jointly,  reported  that 
the  following  resolutions  severally  ought  not  to  pass:  — 

Resolution  relative  to  the  appointment  of  the  Attorney-General 
by  the  Governor  and  of  the  district  attorneys  by  the  Attorney- 
General  (Doc.  No.  161,  —  so  much  thereof  as  relates  to  the 
appointment  of  the  Attorney-General  by  the  Governor); 

Resolution  providing  for  the  abolition  of  the  Council  (Doc. 
No.  162); 

Resolution  providing  for  the  abolition  of  the  Council  and  the 
transfer  of  its  powers  and  duties  to  the  Senate  (Doc.  No.  163); 
and 


THURSDAY,  JULY  25,   1918.  733 

Resolution  to  provide  for  the  abolition  of  the  Council  (Doc.  Abolition  of 

NO.    164).  the  Council. 

The  resolutions  were  severally  placed  in  the  Orders  of  the  Day 
for  the  next  session,  the  question,  in  each  instance,  being  on 
the  rejection  of  the  proposal. 


Motions  to  Reconsider. 
Mr.   Richardson   of  Newton   moved   that   the   vote  be  recon-  Future 

constitu 
conventions. 


sidered    by    which    the    Convention,    at    the    preceding    session,  constitutional 


refused  to  order  to  a  third  reading  the  Resolution  to  provide 
for  the  calling  and  holding  of  future  constitutional  conventions 
(Doc.  No.  304,  amended). 

After  debate  the  motion  to  reconsider  was  negatived. 

Mr.  Bartlett  of  Newburyport  moved  that  the  vote  be  recon-  Decennial 
sidered    by    which    the    Convention,    at    the    preceding    session,  census- 
rejected   the   proposal   embodied   in   the   Resolution   relative   to 
the  taking  of  the  decennial  census  of  the  Commonwealth  (Doc. 
No.  262,  amended). 

After  debate  the  motion  to  reconsider   was  negatived. 

Discharged  from  the  Orders  of  the  Day. 

Mr.  Luce  of  Waltham  moved  that  the  Resolution  to  prevent  Special 
the  granting  of  special  privileges  and  creating  class  distinction  £3^22? 
among   the   people   of   this  Commonwealth  (Doc.   No.  308,  —  as  distinction, 
changed  by  the  committee  on  Form  and  Phraseology  see  Doc.  No. 
392)   be  discharged  from  the  Orders  of  the  Day,  under  Rule  39; 
and  this  motion  prevailed. 

The  resolution  was  read  a  third  time;    and,  pending  the  ques- 
tion on  passing  it  to  be  engrossed,  it  was  recommitted  to  the 
ommittee  on  Bill  of  Rights,  on  further  motion  of  Mr.  Luce. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The    Resolution    relative    to    the    public    interest    in    natural 
resources    (Doc.    No.   344,  —  as   changed   by   the   committee   on  public  interest. 
Form  and  Phraseology  see  Doc.  No.  379),  being  the  unfinished 
usiness   of  the   preceding   session,   was   considered  further,   the 
ain  question  being  on  passing  it  to  be  engrossed. 
After  debate  (Mr.  Powers  of  Newton  being  in  the  chair)  Mr.  ^' 
roderick  of  Waltham  moved  that  the  resolution  be  amended 
y  adding  at  the  end  thereof  the  words  ",  and  the  standard  by 
which  the  value  of  water  rights  and  water  privileges  shall  be 
termined  shall  be  the  volume  of  power  utilized  by  the  owner 
owners  or  lessees  thereof". 

After  further  debate   the   previous   question  was   ordered,   on  Previous 
motion  of  Mr.  Chandler  of  Somerville. 

On   the   question   on   the   adoption   of   the   amendments    pre- 

I'ously  moved  by  Mr.   Clapp  of  Lexington,  70  members  voted 
the  affirmative  and  74  in  the  negative. 


734 


JOURNAL  OF  THE  CONVENTION, 


The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Clapp;  and  on  the  roll  call  79  members 
voted  in  the  affirmative  and  106  in  the  negative,  as  follows:  - 


YEAS. 


Messrs.  Adams,  Scott 

Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett.  Edmund 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 


Messrs.  Gates,  Joseph  S. 

Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Hall,  Elisha  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Lane,  Daniel  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Montague,  David  T. 
Newton,  H.  Huestis 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robinson,  George  H. 
Shaw,  Michael  F. 
Sullivan,  Edmund  G. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Underhill,  Charles  L. 
Walcott,  Robert 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


NAYS. 

Messrs.  Butler,  A.  Webster 

Callahan,  Timothy  F. 
Carr,  Edward 
Chandler,  Leonard  B. 
Clark,  Ezra  W. 
Costello,  Francis  M. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Flaherty,  William 


THURSDAY,  JULY  25,  1918. 


735 


Messrs.  Flynn,  Maurice  R. 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 


Messrs.  Murley,  Joseph  J. 
Myron,  John  F. 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Turner,  Joseph 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


I 


79'yeas;  106  nays. 

Therefore  the  amendments  moved  by  Mr.  Clapp  were  re- 
jected. 

At  five  minutes  past  one  o'clock,  under  the  provisions  of  the 
standing  order  requiring  a  recess  to  be  taken  at  one  o'clock, 
the  Chair  (Mr.  Powers  of  Newton)  declared  a  recess  until  two 
o'clock;  at  which  hour  the  Convention  reassembled,  with  the 
President  in  the  chair. 

The  amendment  of  line  4,  previously  moved  by  Mr.  Loring 
of  Beverly,  was  adopted,  as  follows:  Striking  out  the  words 
"and  water  resources",  and  inserting  in  place  thereof  the  words 
,  water  and  other  natural  resources". 

The  amendment  previously  moved  by  Mr.  Mancovitz  of 
Boston  was  rejected. 

The  amendment  of  lines  6  and  7,  previously  moved  by  Mr. 
Loring,  was  adopted,  as  follows:  Striking  out  the  words  "by 
purchase  or  otherwise",  and  inserting  in  place  thereof  the  words 
"upon  payment  of  just  compensation  therefor". 

There  being  no  objection,  Mr.  Richardson  of  Newton  then 
withdrew  the  amendment  previously  moved  by  him. 

On  the  question  on  the  adoption  of  the  amendment  previously 
moved  by  Mr.  Kinney  of  Boston,  10  members  voted  in  the 
affirmative  and  50  in  the  negative. 


Recess. 


Amendment 
adopted. 


Amendment 
rejected. 

Amendment 
adopted. 


Amendment 
withdrawn. 

Amendment 
rejected. 


736. 

Quorum. 


JOURNAL  OF  THE   CONVENTION, 

Mr.  Williams  of  Brookline  raised  the  point  of  order  that  a 
quorum  was  not  present.  The  President  declared  the  point  of 
order  well  taken. 

Subsequently  Mr.  Williams  moved  that  the  roll  of  the  Con- 
vention be  called;  and  this  motion  was  adopted,  by  a  vote  of 
51  to  43. 

The  roll  was  then  called;  and  189  members  answered  to  their 
names,  as  follows:  — 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Scott 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Carr,  Edward 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creed,  James  F. 


Messrs.  Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Daley,  Peter 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Gleason,  Nesbit  G. 
Graumann,  John 
Green,  Thomas  H. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 


THURSDAY,  JULY  25,  1918. 


737 


Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
Merrill,  George  Frye 
Michelman,  Joseph 
Mitchell,  Charles 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 


Messrs.  Robinson,  George  H. 
Saunders,  Amos  T. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

The  amendment  previously  moved  by  Mr.  Kinney  of  Boston  Amendments 
was  then  rejected;   and  the  amendment  moved  by  Mr.  Broderick  re^ecte  • 
of  Waltham  was  also  rejected. 

On  the  question  on  passing  the  resolution,  as  amended,  to  be  Resolution 
engrossed,  94  members  voted  in  the  affirmative  and  68  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Williams  of  Brookline;  and  on  the  roll 
call  127  members  voted  in  the  affirmative  and  74  in  the  negative, 
as  follows :  — 


YEAS. 


[essrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Barrett,  James  T. 
Batche.lder,  Albert  W. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 


Messrs.  Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Carr,  Edward 


738 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Clark,  Ezra  W. 

Cooney,  Charles  P. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Ferrey,  Irving  D. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Green,  Thomas  H. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelly,  Luke  L. 
Kerr,  Alexander 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
Adams,  Smith  J. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 


Messrs.  Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
Merrill,  George  Frye 
Michelman,  Joseph 
MitcheU,  Charles 
Montague,  David  T. 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Saunders,  Amos  T. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
TheUer,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Turner,  Joseph 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Bicknell,  Wallace  H. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 


THUESDAY,  JULY  25,  1918. 


739 


Messrs.  Chase,  Mial  W. 

Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Collins,  Samuel  I. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Graumann,  John 
Hall,  Elisha  S. 
Hall,  Frederick  S. 


Messrs.  Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Lyman,  Frank  E. 
Merriam,  John  M. 
Morton,  James  M. 
Nestor,  Patrick  F. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robinson,  George  H. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


127  yeas;  74  nays. 

Therefore  the  resolution,  as  amended,  was  passed  to  be  en- 
grossed, as  follows:  — 

"Resolved,  That  it  is  expedient  to  amend  the  Constitution 
by  the  adoption  of  the  subjoined  article  of  amendment:  — 

"The  conservation,  development  and  utilization  of  the  agri- 
cultural, mineral,  forest,  water  and  other  natural  resources  of 
the  commonwealth  are  public  uses,  and  the  general  court  shall 
have  power  to  provide  for  the  taking,  upon  payment  of  just 
compensation  therefor,  of  lands  and  easements  or  interests 
therein,  including  water  and  mineral  rights,  for  the  purpose  of 
securing  and  promoting  the  proper  conservation,  development, 
tilization  and  control  thereof  and  to  enact  legislation  necessary 

expedient  therefor. " 

The  Resolution  providing  for  the  appointment  of  judges  for  Judges, 
specific  terms  (Doc.  No.  380)  was  read  a  second  time. 

Mr.  Blackmur  of  Quincy  moved  that  the  resolution  be  amended  Mr.  Biackmur, 
by  the  substitution  of  a  Resolution  relative  to  the  retirement  of  -amendment- 

Kdicial  officers,  as  follows:  — 
"Resolved,  That  it  is   expedient  to  amend  the  constitution  by 
e  adoption  of  the  subjoined  article  of  amendment:  — 
"Article   I   of   chapter  III   of  part   II   of   the   constitution   is 
reby  amended  by  the  addition  of   the  following  words:  —  and 
provided  also  that  the  governor,  with  the  consent  of  the  council, 
,y  after  due  notice  and  hearing  retire  them  because  of  advanced 
;e  or  mental  or   physical   disability.     The  general   court  may 
provide  pensions  for  judges  so  retired." 

Mr.    Mancovitz    of    Boston    moved    that    the    resolution    be  Mr.  Mancovitz, 


. 


ended  by  inserting  after  the  word  "council,",  in  line  3,  the 


—  amendment. 


740 


JOURNAL   OF  THE   CONVENTION, 


Mr.  J.  F. 
O'Connell,  — 
amendments. 


Mr.  Williams, 
—  amendment. 


Mr.  George,  — 
amendments. 


Previous 
question. 

Amendment 
adopted. 


Amendment 
rejected. 


words  "shall  appoint  all  justices  of  the  police,  district  and 
municipal  courts,  or  such  other  courts  as  the  legislature  may 
establish  in  their  place,  for  a  term  of  seven  years,  and". 

Mr.  O'Connell  of  Boston  moved  that  the  resolution  be 
amended  by  inserting  after  the  word  "age",  in  line  4,  the 
word  "  unfitness," ;  and  by  striking  out  lines  3  to  6,  inclusive, 
and  inserting  in  place  thereof  the  following:  "All  judicial  officers 
shall  be  nominated  and  appointed  by  the  governor,  by  or  with 
the  consent  of  the  council  for  a  term  of  ten  years;  and  they 
may  be  reappointed  at  the  expiration  of  such  term." 

After  debate  Mr.  Williams  of  Brookline  moved  that  the  res- 
olution be  amended  by  inserting  after  the  word  "may",  in  line 
4,  the  words  ",  on  due  notice  and  hearing,". 

Mr.  George  of  Haverhill  moved  that  the  amendment  moved  by 
Mr.  Blackmur  be  amended  by  striking  out,  at  the  end  thereof, 
the  words  "The  general  court  may  provide  pensions  for  judges  so 
retired.";  and  by  adding  after  the  word  " disability  "  the  words 
"  upon  the  terms  and  conditions  that  may  be  provided  by  law 
for  the  voluntary  retirement  of  judicial  officers". 

The  previous  question  was  then  ordered,  on  motion  of  Mr. 
Underhill  of  Somervilte. 

After  further  debate  the  amendment  moved  by  Mr.  Mancovitz 
was  rejected,  by  a  vote  of  42  to  99;  and  the  amendment  moved 
by  Mr.  Williams  was  adopted. 

On  the  question  on  the  adoption  of  the  amendment  of  line  4, 
moved  by  Mr.  O'Connell  of  Boston,  76  members  voted  in  the 
affirmative  and  82  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and 
nays,  at  the  request  of  Mr.  O'Connell;  and  on  the  roll  call  94 
members  voted  in  the  affirmative  and  96  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoel 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Buck,  Maurice  A. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Coughlan,  William  J. 
Curtis,  Arthur  B. 
Dean,  Robert  A. 
Derbyshire,  James  H. 
Donnelly,  James  P. 


Messrs.  Donoghue,  John  A. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Green,  Thomas  H. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 


THURSDAY,  JULY  25,  1918. 


741 


Messrs.  Merrill,  George  Frye 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Moran,  William 
Moriarty,  James  T. 
Merrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Robinson,  George  H. 
Scigliano,  Alfred  P. 


Messrs.  Adams,  Scott 

Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bolster,  Percy  G. 
Bos  worth,  Henry  H. 
Bryant,  Lincoln 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Delano,  Robert  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Giddings,  Charles 
Glazier,  Frederick  P. 


Messrs.  Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walker,  George 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Whipple,  Sherman  L. 
Whitehead,  James 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Gleason,  Nesbit  G. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Morton,  James  M. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Saunders,  Amos  T. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  John  L. 


742 


JOURNAL  OF  THE  CONVENTION, 


Grants, 
franchises, 
privileges, 
immunities. 


Adjournment. 


Messrs.  Turner,  Joseph 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 


Messrs.  Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wood,  Charles  J. 


94  yeas;  96  nays. 

Therefore  the  amendment  of  line  4,  moved  by  Mr.  O'Connell, 
was  rejected. 

The  amendment  of  lines  3  to  6,  inclusive,  moved  by  Mr.  O'Con- 
nell, was  then  rejected,  by  a  vote  of  38  to  104. 

The  amendment  moved  by  Mr.  George  was  adopted,  by  a 
vote  of  71  to  58;  and  the  amendment  moved  by  Mr.  Blackmur, 
as  thus  amended,  was  adopted. 

The  resolution,  as  amended  (Doc.  No.  405),  was  then  ordered 
to  a  third  reading. 

The  Resolution  relative  to  the  revocation  or  alteration  of 
grants,  franchises,  privileges  or  immunities  (Doc.  No.  103, 
amended)  was  read  a  second  time. 

Mr.  Richardson  of  Newton  moved  that  the  Convention  ad- 
journ; and  this  motion  prevailed. 

Accordingly,  at  twenty-four  minutes  past  four  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


FRIDAY,  JULY  26,  1918.  743 


FRIDAY,  July  26,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  L.  Beal,  D.D.,  of  Cam- 
bridge. 

Leave  of  Absence. 

On  motion  of  Mr.  Harriman  of  New  Bedford,  — 

Ordered,  That  Mr.  Mitchell  of  New  Bedford  be  granted  leave  Charles 
of  absence  until  July  30,  on  account  of  .necessary  absence  from  Mitche11- 
the  Commonwealth. 

Engrossed  Resolution. 

The   engrossed   Resolution   relative   to   the   public  interest  in  Natural 
natural  resources  (see  Doc.  No.  379,  amended)  was  laid  before  the  JJJbii?i5iterest. 
Convention;  and  the  President  stated  that  it  would  be  placed 
in  the  Orders  of  the  Day  for  the  next  session. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The   Resolution   relative   to    the   revocation    or   alteration   of 
grants,    franchises,    privileges    or    immunities    (Doc.    No.    103, 
amended),  being  the  unfinished  business  of  the  preceding  session,  immumties- 
was  ordered  to  a  third  reading. 

The   report    of    the  committee   on   Contingent  Expenses   and  Compensation 
Pay-Roll,  recommending  that  the  Secretary,  Assistant  Secretary, 
Sergeant-at-Arms  and  three   [A]   assistants  in  the  office  of  the 
Sergeant-at-Arms    be    allowed    the    same    compensation    as    was  eTevatormen. 
allowed   for   the   1917   session,    and   that   the   elevator   men   be 
allowed  $75  each,  was  considered. 

tMr.    Curtis   of   Revere   moved   that   the   report   be   amended, 
t  "A",  by  inserting  the  words  "per  diem". 
The  amendment  was  adopted;   and  the  report,   as  amended, 
./as  accepted. 

The  Resolution  to  extend  the  power  of  the  Commonwealth  to  Homes  for 
provide    homes    for    citizens     (Doc.    No.    320,    amended,  —  as  <atlzens- 
changed  by  the  committee  on  Form  and  Phraseology  see  Doc. 
No.  391,  page  3)  was  read  a  third  time. 

Mr.  Loring  of  Beverly  moved  that  the  resolution  be  amended  Mr.  Loring,  - 
by  striking  out  the  article  of  amendment,  and  inserting  in  place  ai 


1        thereof  the  following:  — 


"SECTION  1.  For  the  purpose  of  relieving  congestion  of 
population  and  providing  homes  for  citizens,  the  commonwealth 
and  [A]  the  cities  and  towns  therein  shall  have  power,  upon 
payment  of  just  compensation,  to  take  land,  and,  under  such 
regulations  as  the  general  court  may  adopt,  to  hold,  improve, 
subdivide,  build  upon  [B],  lease,  rent  or  sell  the  same. 


744 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Bryant,  - 
amendment. 


Mr.  Horgan, 
amendment. 


Mr.  Walcott, 
amendment. 


Previous 
question. 


Amendments 
adopted. 


Quorum. 


Quorum. 


Amendments 
adopted. 


"SECTION  2.  Article  forty-three  of  the  amendments  to  the 
constitution  is  hereby  annulled." 

Mr.  Bryant  of  Milton  moved  that  the  amendment  moved  by 
Mr.  Loring  be  amended,  at  "  A",  by  inserting  the  words  " ,  when 
authorized  by  the  General  Court,". 

After  debate  Mr.  Horgan  of  Boston  moved  that  the  amend- 
ment moved  by  Mr.  Loring  be  amended,  at  "B",  by  striking 
out  the  words  " ,  lease,  rent". 

Mr.  Walcott  of  Cambridge  moved  that  the  amendment  moved 
by  Mr.  Loring  be  amended  by  striking  out  the  words  proposed 
to  be  inserted,  and  inserting  in  place  thereof  the  following:  — 

Article  XLIII  of  the  amendments  of  the  constitution  is  hereby 
amended  by  inserting  after  the  word  "commonwealth",  in  the 
second  line  thereof,  the  words  "or  the  cities  and  towns  therein", 
—  so  as  to  read  as  follows:  — 

"  Article  XLIII.  The  general  court  shall  have  power  to 
authorize  the  commonwealth  or  the  cities  and  towns  therein  to 
take  land  and  to  hold,  improve,  sub-divide,  build  upon  and  sell 
the  same,  for  the  purpose  of  relieving  congestion  of  population 
and  providing  homes  for  citizens:  provided,  however,  that  this 
amendment  shall  not  be  deemed  to  authorize  the  sale  of  such 
land  or  buildings  at  less  than  the  cost  thereof." 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

The  amendment  moved  by  Mr.  Bryant  was  then  adopted; 
and  the  amendment  moved  by  Mr.  Horgan  was  adopted,  by  a 
vote  of  78  to  41. 

Mr.  Carr  of  Hopkinton  moved  that  the  roll  of  the  Convention 
be  called,  to  ascertain  if  a  quorum  was  present;  and  this  motion 
was  negatived. 

On  the  question  on  the  adoption  of  the  amendment  moved 
by  Mr.  Walcott,  88  members  voted  in  the  affirmative  and  32 
in  the  negative. 

Mr.  Carr  raised  the  point  of  order  that  a  quorum  was  not 
present.  A  count  of  the  Convention  showed  that  152  members 
were  present;  and  the  President  requested  the  Sergeant-at- 
Arms  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  amendment  moved  by 
Mr.  Walcott  was  adopted;  and  the  amendment  moved  by  Mr. 
Loring,  as  thus  amended,  was  adopted. 

The  resolution,  as  amended  (Doc.  No.  406),  was  then  passed 
to  be  engrossed,  by  a  vote  of  89  to  56. 


Systems  of 
social  insur- 
ance. 

Mr.  Bodfish, 
amendment. 


The  Resolution  relative  to  the  establishment  of  systems  of 
social  insurance  (Doc.  No.  382)  was  read  a  second  time. 

After  debate  Mr.  Bodfish  of  Barnstable  moved  that  the 
resolution  be  amended  by  striking  out  lines  3  to  18,  inclusive, 
and  inserting  in  place  thereof  the  following:  - 

"The  general  court  shall  have  power  to  establish  by  general 
law  any  system  or  systems  of  pensions,  compensation  or  insur- 


FKIDAY,  JULY  26,  1918. 


745 


ance  of  persons  for  the  benefit  of  any  of  the  inhabitants  of  the 
commonwealth." 

Mr.  Balch  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  4  and  5,  the  words  "old-age  pensions 
or  insurance, ". 

After  further  debate  Mr.  Creed  of  Boston  moved  that  the 
Convention  adjourn;  and  this  motion  prevailed. 

Accordingly,    at   seventeen    minutes   before   four   o'clock,    the  Adjournment. 
Convention  adjourned,  to  meet  on  Tuesday  next  at  half-past  ten 
o'clock  A.M. 


746 


JOUKNAL   OF  THE  CONVENTION, 


TUESDAY,  July  30,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  John  L.  Kilbon  of  Springfield,  a 
member  of  the  Convention. 


Samuel  I. 
Collins  of 
Amesbury,  — 
expression  of 
sympathy. 


Expression  of  Sympathy. 

The  following  resolutions,  presented  by  Mr.  Besse  of  New- 
buryport,  were  unanimously  adopted:  - 

Resolved,  That  we,  the  members  of  the  Constitutional  Con- 
vention, learning  with  the  deepest  sorrow  that  our  fellow  member, 
Samuel  I.  Collins  of  Amesbury,  is  suffering  from  a  sudden  and 
severe  illness,  extend  to  him  and  his  family  our  sincere  sym- 
pathy and  hopes  for  his  speedy  recovery.  And  be  it  further 

Resolved,  That  these  resolutions  be  spread  upon  the  records  of 
the  Convention  and  that  a  copy  be  sent  to  Mr.  Collins. 


State 
business,  — 


ministration. 


Public  service 
employees,  — 
selection. 


Council,  — 
passing  of 
statutory 
orders. 


Local,  special 
and  private 
legislation,  — 
procedure. 


Reports  of  Committees . 

By  Mr.  Dutch  of  Winchester,  for  the  committees  on  State 
Administration  and  the  Executive,  sitting  jointly,  on  resolutions 
Nos.  265,  266  and  267,  a  Resolution  to  provide  for  the  more  effi- 
cient administration  of  the  business  of  the  Commonwealth  (Doc. 
No.  407)  [Messrs.  Waterman  of  Williamstown  and  Mahoney  of 
Boston,  of  the  committee  on  State  Administration,  dissenting]. 

By  Mr.  Curtiss  of  Hingham,  for  the  same  committees,  that 
the  Resolution  providing  that  appointments  and  promotions  in 
the  civil  service  shall  be  made  because  of  merit  and  fitness 
ascertained  through  open  competition  (Doc.  No.  264)  ought  to 
pass  in  a  new  draft  entitled:  Resolution  relative  to  the  selection 
of  employees  for  public  service  (Doc.  No.  408)  [Messrs.  Water- 
man of  Williamstown  and  Mahoney  of  Boston,  of  the  committee 
on  State  Administration,  and  Mr.  Nutting  of  Leominster,  of  the 
committee  on  the  Executive,  dissenting]. 

By  Mr.  Bosworth  of  Springfield,  for  the  same  committees,  on 
a  part  of  resolution  No.  269,  a  Resolution  relative  to  the  passing 
by  the.  Council  of  statutory  orders  relating  to  local,  special  or 
private  matters  (Doc.  No.  409)  [Mr.  Waterman  of  Williamstown, 
of  the  committee  on  State  Administration,  and  Mr.  Mansfield  of 
Boston,  of  the  committee  on  the  Executive,  dissenting]. 

By  the  same  member,  for  the  same  committees,  on  a  part  of 
resolution  No.  269,  a  Resolution  relative  to  procedure  in  petition- 
ing the  General  Court  for  legislation  relating  to  local,  special  or 
private  matters  (Doc.  No.  410)  [Mr.  Waterman  of  Williamstown, 
of  the  committee  on  State  Administration,  and  Mr.  Mansfield  of 
Boston,  of  the  committee  on  the  Executive,  dissenting]. 


TUESDAY,  JULY  30,   1918.  747 

The  resolutions  were  severally  read;  and  they  were  placed  in 
the  Orders  of  the  Day  for  the  next  session  for  a  second  reading. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The   Resolution  relative   to   the   establishment   of   systems   of  f^f™801 
social  insurance  (Doc.  No.  382),  being  the  unfinished  business  of  insurance. 
the  preceding  session,  was  considered  further,  the  main  question 
being  on  ordering  it  to  a  third  reading. 

After  debate  (Mr.  Lowe  of  Fitchburg  being  in  the  chair)  Mr.  yfashbiSi  - 
Washburn  of  Worcester  moved  that  the  resolution  be  amended  aintndmeAts. 
by  striking  out,  in  line  8,  the  word  "incurred",  and  inserting  in 
place  thereof  the  word  "received";    and  by  striking  out,  in  line 
10,   the  words   "medical   care",   and  inserting  in  place  thereof 
the  words  "curative  treatment". 

After  further  debate  Mr.  Theller  of  New  Bedford  moved  that  Mr.  Theiier,  — 
the  resolution  be  amended  by  striking  out,  in  line  10,  the  words  amendment- 
"a  money  payment",  and  inserting  in  place  thereof  the  words 
"money  payments". 

The  previous  question  was  then  ordered,  on  motion  of   Mr.  Previous 

/-IT          11  j?   o  MI  question. 

Chandler  ot  bomerville. 

After  further  debate  the  amendment  previously  moved  by  Mr. 
Balch  of  Boston  was  rejected;  the  amendments  *  moved  by 
Messrs.  Washburn  and  Theller  were  adopted;  and  the  amend- 
ment previously  moved  by  Mr.  Bodfish  was  rejected,  by  a  vote 
of  28  to  109. 

The  Convention  then  refused,  by  a  vote  of  43  to  107,  to 
order  the  resolution,  as  amended,  to  a  third  reading. 

Mr.   Luce   of  Waltham  then   moved  that   a  recess   be  taken  Recess, 
until  two  o'clock;    and  this  motion  prevailed. 

Accordingly,  at  five  minutes  before  one  o'clock,  the  Chair 
(Mr.  Lowe)  declared  a  recess  until  two  o'clock;  at  which  hour 
the'  Convention  reassembled,  with  the  President  in  the  chair. 

The  Resolution  to  provide  for  the  regulation  of  advertising  Advertising  in 
in  public  places  (Doc.  No.  381)  was  read  a  second  time.  public  places. 

Mr.  Loring  of  Beverly  moved  that  the  resolution  be  amended  Mr.  Loring,  — 
by  striking  out  lines  3  to  5,   inclusive,   and  inserting  in  place  M 
thereof  the  following:  — 

"The  general  court  shall  have  power  to  regulate  and  restrict 
advertising  on  public  ways,  in  public  places,  and  on  private 
property  within  public  view;  but  no  person  shall  be  deprived 
of  the  use  of  his  property  without  just  compensation." 

After  debate  (Mr.  Boynton  of  Everett  being  in  the  chair)  the  previous 
previous  question  was  ordered,  on  motion  of  Mr.  Anderson  of  question. 
Newton. 

The  amendment  was  then  rejected;    and  the  resolution   was 

ordered  to  a  third  reading. 

The  Resolution  authorizing  the   General   Court  to  pass  laws  Hours 
regulating   and   restricting   the   hours   of  labor    (Doc.    No.    336,  oflabor- 
amended,  —  as  changed  by  the  committee  on  Form  and  Phraseology 
see  Doc.  No.  390)  was  read  a  third  time. 


748 


JOUKNAL  OF  THE  CONVENTION, 


Mr.  Bodfish,— 
amendment. 


Mr.  Sawyer,  — 
amendment. 


Mr.  Balch,  — 
amendment. 


Adjournment. 


Mr.  Bodfish  of  Barnstable  moved  that  the  resolution  be 
amended  by  striking  out  the  article  of  amendment  (see  Doc.  No. 
390)  and  inserting  in  place  thereof  the  following:  - 

"Full  power  and  authority  are  hereby  vested  in  the  general 
court  to  provide  for  the  adjudication  of  any  controversies  be- 
tween employers  and  employees  and  to  provide  against  lock-outs, 
strikes  or  any  other  cause  of  involuntary  or  unnecessary  unem- 
ployment and  to  fix  penalties  and  make  any  other  reasonable 
or  necessary  provisions  to  carry  out  the  purpose  of  this  amend- 
ment." 

After  debate  Mr.  Sawyer  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment  (see  Doc.  No.  390) 
and  inserting  in  place  thereof  the  following:  — 

"Laws  may  be  made  restricting  the  hours  of  labor  and  es- 
tablishing a  minimum  wage  for  women  and  minors/' 

Mr.  Balch  of  Boston  moved  that  the  resolution  be  amended  by 
striking  out  the  article  of  amendment  (see  Doc.  No.  390)  and 
inserting  in  place  thereof  the  following:  — 

"The  general  court  may  provide  for  establishing  minimum 
wages  for  women  and  minors." 

After  further  debate,  at  half-past  four  o'clock,  under  the  pro- 
visions of  a  standing  order,  the  Chair  (Mr.  Boynton)  declared 
the  Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


WEDNESDAY,  JULY  31,  1918.  749 


WEDNESDAY,  July  31,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Frederick  E.  Emrich,  D.D.,  of 
Boston,  Senior  Secretary  of  the  Massachusetts  Home  Mis- 
sionary Society. 

Leav.e  of  Absence. 

On  motion  of  Mr.  Wonson  of  Gloucester,  — 

Ordered,  That  Mr.  Merrill  of  Gloucester  be  granted  leave  of  gjJJJf Frye 
absence,  under  Rule  13,  until  Tuesday,  August  6,  on  account  of 
duties  in  connection  with  government  work. 

On  motion  of  Mr.  Creed  of  Boston,  — 

Ordered,  That  Mr.  Dellinger  of  Wakefield  be  granted  leave  of 
absence,  for  July  26  and  27,  because  of  duties  with  the  State 
Guard  at  Framingham,  Mr.  Dellinger  having  duly  made  appli- 
cation for  such  leave  of  absence,  but  his  request,  through  in- 
advertence, not  having  been  presented  to  the  Convention. 

Proposals  to  Amend  the  Constitution. 

Mr.  Luce  of  Waltham,  for  the  committee  on  Rules  and  Pro-  Use  of 
cedure,  to  whom  was  referred  the  motion  (made  by  Mr.  Balch  of 
Boston  on  July  17)  that  Rule  35  be  suspended  on  the  Resolution 
relative  to  the  use  of  natural  resources  (Doc.  No.  412),  — reported 
recommending  that  said  rule  be  not  suspended. 

The  President  stated  that  the  consideration  of  the  motion  to 
pend  the  rule  would  be  postponed  until  the  next  session. 

Mr.  Harriman  of  New  Bedford  presented  a  Resolution  pro-  Old-age 
viding   for    old-age   pensions.     The    same    member    moved    that  Penaions- 
Rule   35   be   suspended;     and   this   motion   was   referred,    under 

fule  56,  to  the  committee  on  Rules  and  Procedure. 
Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  authorizing  the  General  Court  to  pass  laws  Hours  of 
regulating   and   restricting   the   hours   of  labor   (Doc.   No.   336,  labor- 
amended,  —  as  changed  by  the  committee  on  Form  and  Phrase- 
ology see  Doc.   No.  390),   being  the  unfinished  business  of  the 
preceding   session,    was    considered   further,    the    main    question 
being  on  passing  it  to  be  engrossed. 

After  debate  the  previous  question  was  ordered,  on  motion  of  Prevjpus 

ii/r        /^i       i        i       i»    n          i      TT     n  question. 

Mr.  Gaylord  of  South  Hadley. 


_ 


750 


JOURNAL  OF  THE  CONVENTION, 


Question 
divided. 


Amendments 
rejected. 


Resolution 
passed. 


Historical  and 

antiquarian 

property. 


Id. 


Building 
districts. 


After  further  debate  Mr.  Walker  of  Brookline  requested  that 
the  question  be  divided. 

Accordingly,  the  President  first  stated  the  question  to  be  on 
allowing  the  words  "to  regulate  the  conditions  of  labor  and 
restrict  the  hours  thereof "  to  remain  in  the  resolution;  and  the 
Convention  voted  in  the  affirmative,  92  to  17. 

The  President  then  stated  the  question  on  allowing  the  words 
"and  to  establish  a  minimum  wage"  to  remain  in  the  resolution; 
and  the  Convention  voted  in  the  affirmative. 

The  amendments  previously  moved  by  Messrs.  Bodfish  of 
Barnstable,  Sawyer  of  Ware  and  Balch  of  Boston  were  then 
severally  rejected. 

The  resolution  was  then  passed  to  be  engrossed,  by  a  vote  of 
100  to  38,  as  follows:  — 

"Resolved,  That  it  is  expedient  to  amend  the  constitution  by 
the  adoption  of  the  subjoined  article  of  amendment:  — 

"The  general  court  shall  have  power  to  regulate  the  conditions 
of  labor  and  restrict  the  hours  thereof  and  to  establish  a  mini- 
mum wage." 

The  Resolution  relative  to  the  preservation  and  maintenance 
of  property  of  historical  and  antiquarian  interest  (Doc.  No.  322, 
—  as  changed  by  the  committee  on  Form  and  Phraseology  see 
Doc.  No.  393)  was  read  a  third  time;  and  it  was  passed  to  be 
engrossed,  as  follows:  — 

"Resolved,  That  it  is  expedient  to  amend  the  constitution  by 
the  adoption  of  the  subjoined  article  of  amendment:  - 

"The  preservation  and  maintenance  of  ancient  landmarks  and 
other  property  of  historical  or  antiquarian  interest  is  a  public 
use,  and  the  commonwealth  and  the  cities  and  towns  therein 
may,  upon  payment  of  just  compensation,  take  such  property 
or  any  interest  therein  under  such  regulations  as  the  general 
court  may  prescribe." 

The  Resolution  relative  to  the  power  of  the  General  Court  to 
limit  buildings  according  to  their  use  or  construction  to  specified 
districts  of  cities  and  towns  (Doc.  No.  386)  was  read  a  second 
time;  and  it  was  ordered  to  a  third  reading. 


Levying  of 
taxes. 


Mr.  Creamer, 
amendment. 


The  Resolution  relative  to  the  power  of  the  General  Court  to 
impose  and  levy  taxes  (Doc.  No.  332,  —  as  changed  by  the 
committee  on  Form  and  Phraseology  see  Doc.  No.  396)  was 
read  a  third  time. 

Mr.  Creamer  of  Lynn  moved  that  the  resolution  be  amended 
by  striking  out  the  article  of  amendment  (see  Doc.  No.  396) 
and  inserting  in  place  thereof  the  following:  — 

"The  general  court  shall  have  power  to  impose  and  levy  all 
manner  of  reasonable  taxes  and  excises,  to  define  classes  of  prop- 
erty [C]  for  purposes  of  taxation,  to  prescribe  by  general  laws 
the  manner  or  degree  of  taxation  of  each  class  of  property 
throughout  the  commonwealth  and  to  tax  such  classes  of  prop- 
erty at  different  rates;  but  no  city  or  town  [A]  shall  either 
exempt  property  from  taxation  in  whole  or  in  part  or  shall  tax 


„ 

: 


I 


WEDNESDAY,  JULY  31,  1918.  751 

the  several  classes  of  property  therein  at  differing  rates,  except 
in  accordance  with  a  general  law  requiring  such  action  on  the 
part  of  all  cities  and  towns  [B]  within  the  commonwealth." 

After  debate  (Mr.  Chandler  of  Somerville  being  in  the  chair)  JjJJSJjjJ1  ~ 
Mr.  Walcott  of  Cambridge  moved  that  the  resolution  be  amended  ai 
by  adding  at  the  end   thereof    the   words   "but    no  exercise  of 
this  power  shall  be  the  subject  of  an  initiative  petition ". 

Mr.  Sullivan  of  Salem  moved  that  the  amendment  moved  by  Mr.  E.  G. 
Mr.  Creamer  be  amended  by  inserting,  at  "A",  the  words  "or  amendments. 
other  political  subdivision  or  tax  district  of  the  commonwealth"; 
and  by  inserting,   at  "B",  the  words   "or  other  political  sub- 
divisions or  tax  districts". 

Mr.  Kinney  of  Boston  moved  that  the  resolution  be  amended  amendment' "~ 
by  striking  out  the  article  of  amendment   (see  Doc.  No.  396) 
and  inserting  in  place  thereof  the  following:  — 

"Full  power  and  authority  are  hereby  given  and  granted  to 
the  general  court  to  impose  and  levy  proportional  and  reasonable 
assessments,  rates  and  taxes  upon  all  the  inhabitants  of,  and 
persons  resident  and  real  estate  lying  within,  the  said  common- 
wealth; and  to  impose  and  levy  reasonable  taxes  upon  personal 
property  or  upon  the  income  derived  therefrom  as  well  as  upon 
incomes  derived  from  professions,  trades  and  employments, 
which  shall  be  proportional  upon  property  or  incomes  of  the 
same  class,  provided  that  personal  property  the  income  from 
which  is  taxed  may  be  exempt  from  other  taxes,  as  well  as  from 
duties  and  excises  other  than  those  imposed  on  licenses,  transfers, 
legacies  and  successions;  and  in  taxing  personal  property  or 
incomes  the  general  court  may  grant  reasonable  exemptions 
and  abatements,  may  classify  personal  property  and  incomes 
in  a  reasonable  manner,  and  may  classify  machinery  as  personal 
property." 

After  further  debate  Mr.  Walker  of  Brookline  moved  that  the  Mr.  J.  Walker, 
mendment  moved  by  Mr.  Creamer  be  amended  by  inserting,  at  —amen< 
"C",  the  words  "and  income". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the  Recess. 
Chair   (Mr.   Chandler)   declared  a  recess  until  two  o'clock;    at 
which  hour  the  Convention  reassembled,  with  the  President  in 
the  chair. 

Mr.  Lomasney  of  Boston  asked  for  a  count  of  the  Convention,  Quorum. 
to  ascertain  if  a  quorum  was  present.     A  count  showed  that  62 
members  were  present;   and  the  President  requested  the  Sergeant- 
at-Arms  to  secure  the  attendance  of  a  quorum. 

A  subsequent  count  of  the  Convention  showed  that  166  mem- 
ers  were  present. 

After  debate  (Mr.  Shea  of  Cambridge  being  in  the  chair)  Mr.  Mr.  Bryant,  — 
Bryant  of  Milton  moved  that  the  resolution  be  amended  by  the  ame 
ubstitution  of  the  following:  — 

Article  XLIV  of  the  amendments  of  the  constitution  is  hereby 
mended   by   striking   out   the   word   "income",   in   the   second 
sentence  thereof,  and  inserting  in  place  thereof  the  words  "in- 
comes of  different  amounts  or". 

The  previous  question  was  then  ordered,  on,  motion  of  Mr.  Previous 

handler  of  Somerville.  questlon- 


752 


JOURNAL  OF  THE  CONVENTION, 


Vote  on 
amendments. 


Mr.  Creamer, 
—  amendment 
rejected 


After  debate  the  amendment  moved  by  Mr.  Walcott  was  re- 
jected, by  a  vote  of  83  to  94;  the  amendment  moved  by  Mr. 
Walker  was  also  rejected;  and  the  amendments  moved  by  Mr. 
Sullivan  were  adopted,  by  a  vote  of  83  to  44. 

On  the  question  on  the  adoption  of  the  amendment  moved  by 
Mr.  Creamer,  as  amended,  99  members  voted  in  the  affirmative 
and  109  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creamer;  and  on  the  roll  call  (the  Presi- 
dent having  returned  to  the  chair)  107  members  voted  in  the 
affirmative  and  121  in  the  negative,  as  follows:  — 


YEAS. 


Messrs.  Adams,  Scott 

Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Boucher,  Joseph  Zoe'l 
Boynton,  Thomas  J. 
Broderick,  Patrick  S. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Coe,  S.  Hamilton 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Creamer,  Walter  H. 
Daley,  Peter 
Dellinger,  Raymond  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 


Messrs.  Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Mitchell,  Charles 
Moran,  William 
Morrill,  Charles  H. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robinson,  George  H. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sherbourne,  Nelson 
Smith,  Rutherford  E. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 


WEDNESDAY,  JULY  31,  1918. 


753 


Messrs.  Thompson,  Edward 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 


Messrs.  Bailey,  Charles  O. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Besse,  Harold  A. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boy  den,  Frank  L. 
Brennan,  James  H. 
Brine,  Henry  C. 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Choate,  Charles  F.,  Jr. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Coogan,  Clement  F. 
Coolidge,  Louis  A. 
-  Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  Thomas  F. 
Dutch,  Charles  Frederick 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flaherty,  William 
Foss,  George  H. 
French,  Asa  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George  Samuel  W. 
Gleason,  Nesbit  G. 


Messrs.  Washburn,  Charles  G. 
Webster,  George  P. 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NATS. 


Messrs.  Granfield,  William  J. 
Graumann,  John 
Green,  Thomas  H. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Harding,  Clarence  W. 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Kelly,  Luke  L. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
Michelman,  Joseph 
Mitchell,  John 
Morton,  James  M 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
O'Connell,  John  J. 
O'Connell,  John  P. 
Parkman,  Henry 
Perry,  Augustus  W. 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 


754 


JOUKNAL   OF  THE   CONVENTION, 


Hour  of 

adjournment 

extended. 


Motion  to 
reconsider. 

Id. 


Resolution 
rejected. 


Messrs.  Whipple,  Sherman  L. 
White,  John  A. 
Whitehead,  James 
Williams,  Fred  Homer 


Messrs.  Wilson,  William  H. 
Wing,  Herbert 
Wood,  Charles  J. 


107  yeas;  121  nays. 

Therefore  the  amendment  moved  by  Mr.  Creamer  was  re- 
jected. 

The  amendment  moved  by  Mr.  Kinney  was  then  rejected,  by 
a  vote  of  24  to  102. 

On  motion  of  Mr.  Luce  of  Waltham  the  provisions  of  the 
standing  order  requiring  the  President  to  declare  adjournment 
at  half-past  four  o'clock  were  suspended. 

Mr.  Creamer  then  moved  that  the  vote  be  reconsidered  by  which 
the  Convention  rejected  the  foregoing  amendment  moved  by  him. 

Mr.  Lummus  of  Lynn  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived. 

The  motion  to  reconsider  was  also  negatived. 

The  amendment  moved  by  Mr.  Bryant  was  then  rejected,  by 
a  vote  of  88  to  92.  Mr.  Lummus  moved  that  this  vote  be  recon- 
sidered; and  this  motion  was  negatived. 

The  Convention  then  refused  to  pass  the  resolution  to  be 
engrossed. 


Mr.  Lomasney  of  Boston  moved  that  the  Convention  adjourn; 
and  this  motion  prevailed. 

Adjournment.  Accordingly,  at  twenty-four  minutes  before  five  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
AM. 


THURSDAY,  AUGUST  1,  1918.  755 


THURSDAY,  August  1,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Walter  J.  Sherman  of  Winthrop. 

Acknowledgment  of  Resolutions. 

A  communication  from  Theodore  Roosevelt,  dated  July  27  and 
addressed  to  the  Secretary,  expressing  appreciation  for  the  action  Theodore 
of  the  Convention  in  passing,  on  July  18,  resolutions  of  sympathy  Roosevelt- 
on  the  death  of  Lieutenant  Quentin  Roosevelt,  was  read;    and 
the  same  was  placed  on  file. 

Submission  of  Constitution  and  Amendments. 

Mr.  Horgan  of  Boston,  for  the  committee  on  Amendment  and 
Codification  of  the  Constitution,  reported  "no  action  necessary" 
on  the  following  order,  recommitted  to  said  committee  on  July 
18,  1917:  — 

Ordered,  (1)  That  the  work  of  the  Massachusetts  Constitutional  Submission  to 
Convention  shall  take  the  form  of  a  main  constitution  and  of  a  ^coSstitutkL 
series  of  separate  amendments,  to  be  designated  by  the  Conven-  m1e(n£,mend~ 
tion. 

(2)  That  the  main  constitution  shall  be  based  upon  the  present 
Constitution  and  the  amendments  now  in  force,  which  shall  be 
consolidated  and  arranged,   as  amended,  in  proper  subdivisions 
under  appropriate  titles,  omitting  all  articles,  clauses  and  words 
not  in  force,  and  making  no  other  changes  in  the  provisions,  and 
no  substantive  changes  in  the  language  thereof. 

(3)  That  the  main  constitution,  consolidated  and  arranged  as 
aforesaid,  and  the  separate  amendments  shall  be  submitted  to  a 
vote  of  the  people  in  such  form  that  the  main  constitution  and 
each  of  the  separate  amendments  shall  be  voted  upon  separately. 

(4)  That,  in  case  the  main  constitution  should  not  be  adopted, 
those  separate  amendments  that  shall  be  adopted  each  for  itself 
shall  become  amendments  and  parts  of  the  present  Constitution. 

The  order  was  placed  in  the  Orders  of  the  Day  for  the  next 
session,  the  question  being  on  its  adoption. 

Motion  to  Reconsider. 

Mr.   Creamer  of  Lynn  moved  that  the  vote  be  reconsidered  Levying  of 
by  which  the  Convention,  at  the  preceding  session,  refused  to  ta 
pass  to  be  engrossed  the  Resolution  relative  to  the  power  of  the 
General  Court  to  impose  and  levy  taxes   (Doc.  No.   332,  —  as 
changed  by  the  committee  on  Form  and  Phraseology  see  Doc. 
No.  396). 

After  debate  the  motion  to  reconsider  was  negatived,  by  a 
vote  of  62  to  98. 


I 


756 


JOUKNAL  OF  THE  CONVENTION, 


General 
Court,  —  ad- 
journments. 


Id. 


Legislative 

recess 

committees. 


Mr.  Leonard, 
amendment. 


Previous 
question. 


Pardoning 
power. 


Id.' 


Compulsory 
voting. 

Mr.  Hart,  — 
amendment. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  relative  to  adjournments  of  the  General 
Court  (Doc.  No.  312,  —  as  changed  by  the  committee  on  Form 
and  Phraseology  see  Doc.  No.  394)  was  read  a  third  time;  and 
it  was  passed  to  be  engrossed,  as  follows:  — 

"  Resolved,  That  it  is  expedient  to  amend  the  constitution  by  the 
adoption  of  the  subjoined  article  of  amendment:  - 

"  The  general  court,  by  concurrent  vote  of  the  two  houses,  may 
take  a  recess  or  recesses  amounting  to  not  more  than  thirty  days; 
but  no  such  recess  shall  extend  beyond  the  sixtieth  day  from  the 
date  of  their  first  assembling." 

The  Resolution  relative  to  service  on  certain  legislative  recess 
committees  and  commissions  (Doc.  No.  389)  was  read  a  second 
time. 

Mr.  Leonard  of  Boston  moved  that  the  resolution  be  amended 
by  striking  out  lines  3  to  7,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"No  member  of  the  legislature  shall  during  the  term  for  which 
he  is  elected  receive  salary  or  compensation  for  service  on  any 
recess  committee,  commission  or  other  office  which  shall  have 
been  created  in  whole  or  in  part  by  action  of  either  branch  of 
the  department  of  legislation  of  which  he  is  a  member,  except 
such  committee  as  may  be  necessary  from  time  to  time  to  con- 
sider a  general  revision  of  the  statutes  of  the  commonwealth." 

After  debate  (Mr.  Williams  of  Brookline  being  in  the  chair) 
the  previous  question  was  ordered,  on  motion  of  Mr.  Underhill 
of  Somerville. 

After  further  debate  the  amendment  was  adopted;  and  the 
resolution,  as  amended,  was  ordered  to  a  third  reading. 

The  Resolution  relative  to  the  pardoning  power  (Doc.  No.  310, 
—  as  changed  by  the  committee  on  Form  and  Phraseology  see 
Doc.  No.  395)  was  read  a  third  time;  and  it  was  passed  to  be 
engrossed,  as  follows:  — 

"Resolved,  That  it  is  expedient  to  amend  the  constitution  by 
the  adoption  of  the  subjoined  article  of  amendment: - 

"On  and  after  the  first  day  of  July  in  the  year  nineteen  hun- 
dred and  nineteen  the  power  of  pardoning  offences  shall  be  exer- 
cised, subject  to  the  restrictions  contained  in  article  VIII  of 
section  I  of  chapter  II  of  the  constitution,  in  such  manner  as 
the  general  court  may  provide  by  law,  but  no  pardon  shall  take 
effect  until  approved  by  the  governor." 

The  Resolution  relative  to  compulsory  voting  at  elections 
(Doc.  No.  282)  was  read  a  second  time. 

Mr.  Hart  of  Cambridge  moved  that  the  resolution  be  amended 
by  adding  at  the  end  thereof  the  words  ",  but  nothing  in  this 
article  shall  be  deemed  to  authorize  disfranchisement  as  a  penalty 
for  the  omission  to  vote". 


THURSDAY,  AUGUST  1,  1918. 


757 


Mr.  Buttrick  of  Lancaster  moved  that  the  amendment  be 
amended  by  inserting  before  the  word  "disfranchisement",  the 
word  "permanent". 

After  debate  Mr.  Smith  of  Provincetown  moved  that  a  recess 
be  taken  until  two  o'clock;  and  this  motion  prevailed. 

Accordingly,  at  four  minutes  before  one  o'clock,  the  Chair 
(Mr.  Williams)  declared  a  recess  until  two  o'clock;  at  which 
hour  the  Convention  reassembled,  with  the  President  in  the  chair. 

After  debate  Mr.  Clark  of  Brockton  moved  that  the  resolution 
be  amended  by  adding  at  the  end  thereof  the  words  "or  to 
encourage  such  voting". 

Mr.  Washburn  of  Middleborough  moved  that  the  resolution  be 
amended  by  adding  at  the  end  thereof  the  words  ",  but  the 
right  of  secret  voting  shall  be  preserved". 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 

The  amendment  moved  by  Mr.  Clark  was  then  rejected;  the 
amendment  moved  by  Mr.  Buttrick  was  adopted,  by  a  vote  of 
75  to  49;  the  amendment  moved  by  Mr.  Hart,  as  amended,  was 
rejected;  and  the  amendment  moved  by  Mr.  Washburn  was 
adopted. 

On  the  question  on  ordering  the  resolution,  as  amended,  to  a 
third  reading,  96  members  voted  in  the  affirmative  and  71  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Bryant  of  Milton;  and  on  the  roll  call  108 
members  voted  in  the  affirmative  and  96  in  the  negative,  as 
follows:  — 


Mr.  Buttrick,- 
amendment. 


Mr.  E.  W. 

Clark,  — 
amendment. 


Mr.  A.  H. 
Washburn,  — 
amendment. 


Previous 
question. 

Vote  on 
amendments. 


Resolution 
ordered  to 
a  third 
reading. 


YEAS. 


Messrs.  Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Bennett,  Frank  P. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Brooks,  George  F. 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Collier,  David  R. 
Coogan,  Clement  F. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 


Messrs.  Crafts,  Lyman  A. 

Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Foss,  George  H. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 


758 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Kerr,  Alexander 

Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lynch,  John  C. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Montague,  David  T. 
Moynihan,  James  J. 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Quincy,  Josiah 
Richardson,  Edward  A. 
Richardson,  James  P. 
Saunders,  Amos  T. 


Messrs.  Shanahan,  William  J. 
Shattuck,  Josiah  B. 
Shaw,  Michael  F. 
Shea,  John  M. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Thompson,  John  L. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Aylward,  James  F. 
Ballantyne,  John 
Bassett,  Edmund 
Bates,  Sanford 
Bicknell,  Wallace  H. 
Bigney,  Robert  E.      / 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Brown,  Samuel  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Callahan,  Timothy  F. 
Chase,  Mial  W. 
Churchill,  George  B. 
Codman,  James  M.,  Jr. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtiss,  Elmer  L. 
Davis,  Elbridge  G. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Dresser,  Frank  F. 
Feiker,  William  H. 
Fitz-Randolph,  Reginald  T. 
Fraser,  Eugene  B. 


Messrs.  Gartland,  John  J. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelly,  Luke  L. 
Kilbon,  John  L. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  Charles 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Parker,  George  S. 


THURSDAY,  AUGUST  1,   1918.  759 

Messrs.  Perry,  Augustus  W.  Messrs.  Skerrett,  Mark  N. 

Peterson,  Patrick  Stoeber,  Charles 

Putnam,  Harry  B.  Talbot,  Harry  R. 

Quinn,  Timothy  F.  Theller,  Ralph  L. 

Reidy,  Michael  J.  Walker,  George 

Robbins,  Edward  J.  Washburn,  Charles  G. 

Ross,  Samuel  Waterman,  George  B. 

Shea,  John  T.  Whitehead,  James 

Sheehan,  Christopher  A.  Wing,  Herbert 

108  yeas;  96  nays. 

Therefore  the  resolution,  as  amended,  was  ordered  to  a  third 
reading. 

The  Resolution  providing  for  a  state  budget  and  the  veto  by  state  budget; 
the  Governor  of  items  or  parts  of  items  in  appropriation  bills  (Doc. 
No.  325,  amended)  was  read  a  third  time,  having  been  reported  tion  billa- 
without  change  by  the  committee  on  Form  and  Phraseology. 

Mr.  Parkman  of  Boston  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  resolution  with  the  same  title  (Doc.  No. 
411). 

After  debate  (Mr.  Loring  of  Beverly  being  in  the  chair)  Mr.  Mr.  Underbill, 
Underbill  of  Somerville  moved  that  the  amendment  moved  by  ~amendment- 
Mr.  Parkman  be  amended  by  striking  out,  in  lines  19,  20  and  21, 
the  words   "The  governor  shall  have  the  right  to  discuss  any 
appropriation  bill  before  either  branch  of  the  general  court." 

Mr.  Lomasney  of  Boston  moved  that  the  amendment  moved  Mr.  Lomasney, 

i-n/i-Tki  i  -lit-  -  i       i         •        •  i»     i        —  amendment. 

by  Mr.  Jrarkman  be  amended  by  inserting  at  me  beginning  or  the 
article  of  amendment  the  following:  — 

"All  money  received  on  account  of  the  commonwealth  from 
any  source  whatsoever  shall  be  paid  into  the  treasury  of  the 
commonwealth,  and  no  money,  excepting  money  received  and 
held  for  district  boards  created  for  special  purposes,  shall  be 
paid  out  unless  specifically  authorized  by  the  general  court." 

Mr.  Dellinger  of  Wakefield  moved  that  the  amendment  moved 
by  Mr.  Parkman  be  amended  by  striking  out,  in  lines  15  and  16, 
the  words  "increase,  decrease,  add  or  omit  items  in  the  budget", 
and  inserting  in  place  thereof  the  words  "decrease  or  omit  items 
in  the  budget,  but  shall  not  increase  or  add  items  thereto  ex- 
cept by  vote  taken  by  yeas  and  nays". 

Mr.  Churchill  of  Amherst  moved  that  the  amendment  moved 
by  Mr.  Parkman  be  amended  by  striking  out,  in  line  5,  the  word 
"of",  where  it  first  occurs,  and  inserting  in  place  thereof  the 
words  "which  shall  contain";  by  striking  out,  in  line  25,  the 
words  "bill  carrying  an  appropriation",  and  inserting  in  place 
thereof  the  words  "appropriation  bill";  and  by  striking  out,  in 
lines  26  and  27,  the  words  "bills  carrying  appropriations",  and 
inserting  in  place  thereof  the  words  "appropriation  bills". 

Mr.    Lyman    of    Easthampton    moved    that    the    amendment  Mr.  Lyman,  — 
moved  by  Mr.  Parkman  be  amended  by  striking  out  lines  3  to  31,  amendment- 
inclusive. 

Mr.  Theller  of  New  Bedford  then  moved  that  the  Convention 
adjourn;  and  this  motion  prevailed. 

Accordingly,   at  twenty-eight  minutes   after  four  o'clock,   the  Adjournment. 
Chair  (Mr.  Loring)  declared  the  Convention  adjourned,  to  meet 
to-morrow  at  half-past  ten  o'clock  A.M. 


760 


JOURNAL   OF  THE   CONVENTION, 


FRIDAY,  August  2,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

The  Secretary  announced  the  temporary  absence  of  the  Presi- 
dent, and  stated  that  Mr.  Kenefick  of  Palmer  had  been  appointed 
to  perform  the  duties  of  the  Chair. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
member  of  the  Convention. 


Arthur  H. 
Lowe. 


Leave  of  Absence. 

On  motion  of  Mr.  Cook  of  Fitchburg,  — 

Ordered,  That  Mr.  Lowe  of  Fitchburg  be  granted  leave  of  ab- 
sence, under  Rule  13,  on  account  of  duties  in  Washington  in  con- 
nection with  the  WTar  Service  Committee. 


Hours  of  labor. 


Historical  and 

antiquarian 

property. 


Engrossed  Resolutions. 

The  engrossed  Resolution  authorizing  the  General  Court  to 
pass  laws  regulating  and  restricting  the  hours  of  labor  (see  Doc. 
No.  390);  and 

The  engrossed  Resolution  relative  to  the  preservation  and 
maintenance  of  property  of  historical  and  antiquarian  interest 
(see  Doc.  No.  393); 

Were  severally  laid  before  the  Convention;  and  the  Chair 
(Mr.  Kenefick)  stated  that  the  resolutions  would  be  placed  in 
the  Orders  of  the  Dav  for  the  next  session. 


State  budget; 
veto  of  items 
in  appropria- 
tion bills. 


Mr.  Avery,  — 
amendment. 


Previous 
question. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  providing  for  a  state  budget  and  the  veto  by 
the  Governor  of  items  or  parts  of  items  in  appropriation  bills 
(Doc.  No.  325,  amended),  being  the  unfinished  business  of  the 
preceding  session,  was  considered  further,  the  main  question  being 
on  passing  it  to  be  engrossed. 

Mr.  Avery  of  Holyoke  moved  that  the  amendment  previously 
moved  by  Mr.  Parkman  of  Boston  (see  Doc.  No.  411)  be  amended 
by  striking  out  lines  3  to  45,  inclusive,  and  inserting  in  place 
thereof  the  following:  — 

"The  general  court  shall  establish  a  state  budget  system.  The 
governor  shall  have  authority  to  veto  items  or  parts  of  items  of 
loan  or  appropriation  bills." 

After  debate  Mr.  Luce  of  WTaltham  moved  the  previous  ques- 
tion. 


FRIDAY,  AUGUST  2,  1918.  761 


There  being  no  objection  Mr.  Hobbs  of  Worcester  then  moved 
that  the  amendment  previously  moved  by  Mr.  Parkman  be 
amended  by  striking  out,  in  lines  27  to  30,  inclusive,  the  words 
"by  a  majority  vote  of  all  the  members  of  each  house  of  the 
general  court  determined  by  yeas  and  nays  if  said  billjs,  are  each 
for  a  single  object  and",  and  inserting  in  place  thereof  the  words 
"if  said  bills". 

The  previous  question  was  then  ordered. 

After  debate  Mr.  Underbill  of  Somerville  moved  that  the  pro-  Recess 
visions  of  the  standing  order  requiring  the  President  to  declare  a  OJ 
recess  at  one  o'clock  be  suspended;   and  this  motion  was  adopted, 
by  a  vote  of  86  to  30. 

The    amendment    previously    moved    by    Mr.    Lomasney    of  Amendment 
Boston   was    then    adopted,    as   follows:     That   the   amendment  a< 
moved   by  Mr.   Parkman  be  amended  by  inserting  at  the  be- 
ginning of  the  article  of  amendment  the  following:  - 

"All  money  received  on  account  of  the  commonwealth  from 
any  source  whatsoever  shall  be  paid  into  the  treasury  of  the 
commonwealth,  and  no  money,  excepting  money  received  and 
held  for  district  boards  created  for  special  purposes,  shall  be  paid 
out  unless  specifically  authorized  by  the  general  court." 

The  first  amendment  previously  moved  by  Mr.   Churchill  of  id. 
Amherst  was  adopted,  as  follows:    That  the  amendment  moved 
by  Mr.  Parkman  be  amended  by  striking  out,  in  line  5,  the  word 
"of",  where  it  first  occurs,   and  inserting  in  place  thereof  the 
words  "which  shall  contain". 

The  amendment  previously  moved  by  Mr.  Bellinger  of  Wake-  Amendment 
field  was  rejected,  by  a  vote  of  50  to  73. 

The    amendment    previously    moved    by    Mr.    Underbill    was  Amendment 
adopted,  as  follows:    That  the  amendment  moved  by  Mr.  Park-  ad°Pted- 
man  be  amended  by  striking  out,  in  lines   19,  20  and  21,  the 
words  "The  governor  shall  have  the  right  to  discuss  any  appro- 
priation bill  before  either  branch  of  the  general  court." 

The  remaining  amendments  previously  moved  by  Mr.  id. 
Churchill  of  Amherst  were  adopted,  as  follows:  That  the  amend- 
ment moved  by  Mr.  Parkman  be  amended  by  striking  out,  in 
line  25,  the  words  "bill  carrying  an  appropriation",  and  insert- 
ing in  place  thereof  the  words  "appropriation  bill";  and  by 
striking  out,  in  lines  26  and  27,  the  words  "bills  carrying  ap- 
propriations", and  inserting  in  place  thereof  the  words 
"appropriation  bills". 

The  foregoing  amendment  moved  by  Mr.  Hobbs  of  Worcester  id. 
was  adopted,  by  a  vote  of  78  to  42. 

Mr.  Lyman  of  Easthampton  then  withdrew  the  amendment 
previously  moved  by  him,  there  being  no  objection. 

On  the  question  on  the  adoption  of  the  amendment  moved  by 
Mr.  Avery  of  Holyoke,  63  members  voted  in  the  affirmative  and 
76  in  the  negative. 

Mr.  Avery  raised  the  point  of  order  that  a  quorum  was  not  Quorum. 
present.     A  count  of  the  Convention  showed  that  154  members 
were  present. 

Mr.  Underhill  then  moved  that  the  Sergeant-at-Arms  be 
instructed  to  secure  the  attendance  of  a  quorum. 


762 


JOURNAL  OF  THE  CONVENTION, 


Motion  to 
adjourn. 

Proposed 


Mr.  Avery,  - 
amendment 
rejected. 


Mr.  Saunders  of  Clinton  moved  that  the  Convention  adjourn; 
and  this  motion  was  negatived. 

Mr.  James  H.  Brennan  of  Boston  moved  that  the  Convention 
take  a  recess  of  one  hour;  and  this  motion  was  negatived. 

The  motion  of  Mr.  Underbill  was  then  adopted. 

Subsequently  Mr.  Underbill  moved  that  the  roll  of  the  Con- 
vention be  called,  to  ascertain  if  a  quorum  was  present;  and  this 
motion  was  negatived. 

On  the  appearance  of  a  quorum  the  question  was  put  on  the 
adoption  of  the  amendment  moved  by  Mr.  Avery,  and  57  mem- 
bers voted  in  the  affirmative  and  85  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  James  H.  Brennan;  and  on  the  roll  call  72 
members  voted  in  the  affirmative  and  89  in  the  negative,  as 
follows:  — 

YEAS. 


Messrs.  Adams,  Smith  J. 
Avery,  Nathan  P. 
Ballantyne,  John 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Brennan,  James  H. 
Brennan,  James  J. 
Brown,  E.  Gerry 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Clark,  Chester  W. 
Collier,  David  R. 
Coughlan,  William  J. 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Davis,  William  R. 
Day,  Charles  M. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Ferry,  James  R. 
Flynn,  Maurice  R. 
Foss,  George  H. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Good,  John  P. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hawley,  Truman  R. 
Hobbs,  Clarence  W.,  Jr. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Avlward,  James  F. 
Bailey,  Charles  O. 
Bassett,  Edmund 


Messrs.  Johnson,  Charles  R. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Langelier,  Louis  F.  R. 
Lomasney,  Martin  M. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Maricovitz,  David 
Merriam,  John  M. 
Mitchell,  John 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Myron,  John  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connor,  John  D. 
Pillsbury,  Albert  E. 
Ray,  Herbert  L. 
Saunders,  Amos  T. 
Shanahan,  William  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Turner,  Joseph 
Washburn,  Charles  G. 
Wheeler,  William 
White,  John  A. x 
Wilson,  William  H. 


NAYS. 


Messrs.  Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boyden,  Frank  L. 


See  "  Question  of  Personal  Privilege  "  on  page  764. 


FRIDAY,  AUGUST  2,  1918. 


763 


Messrs.  Brine,  Henry  C. 

Broderick,  Patrick  S. 
Brooks,  George  F* 
Buck,  Maurice  A. 
Butler,  A.  Webster 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Cook,  Benjamin  A. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Creed,  James  F. 
Dale,  George  H. 
Daly,  John  W. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Douglass,  John  J. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Feiker,  William  H. 
Gates,  Joseph  S. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hart,  Albert  Bushnell 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Leonard,  Joseph  J. 

72  yeas; 


Messrs.  Linke,  Fred  R. 

Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Mansfield,  John  J. 
McAnarney,  John  W. 
McKeon,  Francis  P. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Montague,  David  T. 
Moynihan,  James  J. 
Nutting,  Edward  H. 
Parkman,  Henry 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Sherburne,  Nelson 
Smith,  Rutherford  E. 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Whitehead,  James 
Williams,  Fred  Homer 
Wing,  Herbert 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 

89  nays. 


Therefore  the  amendment  moved  by  Mr.  Avery  was  rejected. 

The  amendment  previously  moved  by  Mr.  Parkman  of  Boston,  Mr.  Parkman, 
as  amended,  was  then  adopted;  and,  pending  the  question  on  pass- 
ing  the  resolution,  as  thus  amended  (Doc.  No.  416),  to  be  engrossed, 
it  was  placed  in  the  Orders  of  the  Day  for  the  next  session,  and 
was  referred,  under  Rule  28,  to  the  committee  on  Form  and 
Phraseology. 

Mr.  Underhill  of  Somerville  then  moved  that  the  Convention 
adjourn;  and  this  motion  prevailed. 

Accordingly,  at  eight   minutes   before   two   o'clock,   the   Chair  Adjournment. 
(Mr.  Kenefick)  declared  the  Convention  adjourned,  to  meet  on 
Tuesday  next  at  half-past  ten  o'clock  A.M. 


764 


JOURNAL  OF  THE  CONVENTION, 


TUESDAY,  August  6,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
member  of  the  Convention. 


Mr.  White,  — 
question 
of  personal 
privilege. 


John  W.  Daly. 


Arthur  S. 
Kneil. 


George  Frye 
Merrill. 


General 
Court,  —  ad- 
journments. 

Pardoning 
power. 


Homesteads 
for  citizens. 


Question  of  Personal  Privilege. 

Mr.  White  of  North  Brookfield  rose  to  a  question  of  personal 
privilege,  and  stated  that,  in  the  Journal  of  the  Convention 
for  Friday,  August  2,  it  appears  that  he  voted  in  the  affirmative 
on  the  question  on  the  adoption  of  the  amendment  moved  by 
Mr.  A  very  of  Holyoke  to  the  Resolution  providing  for  a  state 
budget  and  the  veto  by  the  Governor  of  items  or  parts  of  items 
in  appropriation  bills;  but  that  he  voted  in  the  negative. 

Leave  of  Absence. 

On  motion  of  Mr.  Adams  of  Lowell,  — 

Ordered,  That  Mr.  John  W.  Daly  of  Lowell  be  granted  leave 
of  absence,  under  Rule  13,  until  August  15,  on  account  of  engage- 
ment in  service  for  the  federal  government. 

On  motion  of  Mr.  Putnam  of  Westfield,  — 

Ordered,  That  Mr.  Kneil  of  Westfield  be  granted  leave  of 
absence,  under  Rule  13,  on  account  of  serious  illness  in  his 
family. 

On  motion  of  Mr.  Wonson  of  Gloucester,  — 

Ordered,  That  Mr.  Merrill  of  Gloucester  be  granted  leave  of 
absence,  under  Rule  13,  until  August  14,  on  account  of  duties 
in  connection  with  the  war  work  of  the  federal  government. 

Engrossed  Resolutions. 

The  engrossed  Resolution  relative  to  adjournments  of  the 
General  Court  (see  Doc.  No.  394);  and 

The  engrossed  Resolution  relative  to  the  pardoning  power 
(see  Doc.  No.  395); 

Were  severally  laid  before  the  Convention;  and  the  President 
stated  that  the  resolutions  would  be  placed  in  the  Orders  of  the 
Day  for  the  next  session. 

Resolution  Replaced  in  the  Orders  of  the  Day. 

The  President  called  the  attention  of  the  Convention  to 
Document  No.  406,  being  the  Resolution  to  extend  the  power  of 
the  Commonwealth  to  provide  home's  for  citizens;  and  stated 
that  the  resolution  was  amended  in  a  material  manner  on  July 
26,  and  should  have  been  referred,  under  Rule  28,  to  the  com- 


i 


TUESDAY,  AUGUST  6,  1918.  765 

mittee    on    Form    and    Phraseology    before    being   passed    to    be 
engrossed. 

There  being  no  objection  the  President  directed  that  the 
resolution  be  placed  in  the  Orders  of  the  Day  for  the  next 
session,  the  question  being  on  passing  it  to  be  engrossed. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  biennial  elections  of  state  Biennial 
officers,  councillors  and  members  of  the  General  Court  (Doc.  electlons- 
No.  126)  was  read  a  second  time. 

After  debate  (Mr.  Pillsbury  of  Wellesley  being  in  the  chair) 
Mr.  Gates  of  Westborough  moved  that  the  resolution  be  amended 
by  inserting  after  the  word  "and",  in  lines  11,  26  and  37,  the 
word  "twenty". 

Mr.  Clark  of  Brockton  moved  that  the  resolution  be  amended  Mr.  E.  w. 
by  inserting  after  line  46  the  following  paragraph:  —  amendment. 

"All  elected  state  officers,  councillors  and  members  of  the 
general  court  shall  be  subject  to  recall  after  one  year  of  service, 
under  such  regulations  as  the  general  court  shall  make  and 
provide." 

Mr.  Chase  of  Lynn  then  moved  the  previous  question. 

There  being  no   objection  Mr.  Dellinger  of  Wakefield  moved  Mr-  DeUjnger, 

•          i  111  M  •  i  •  An     —  amendment. 

that  the  resolution  be  amended  by  striking  out  lines  41  to  46, 
inclusive,  and  inserting  in  place  thereof  the  folio  wing  paragraph:  — 

"The  general  court  shall  assemble  biennially  on  the  first 
Wednesday  of  January  succeeding  its  election,  and  shall  proceed 
at  that  session  to  make  all  the  elections,  and  do  all  other  acts 
which  are  by  the  constitution  required  to  be  made  and  done  at 
the  annual  session  which  has  heretofore  met  on  the  first  Wednes- 
day of  January  in  each  year.  And  the  general  court  shall  be 
dissolved  on  the  day  next  preceding  the  first  Wednesday  of 
January  in  the  second  year  next  succeeding  its  first  assembling, 
without  proclamation  or  other  act  of  the  governor.  But  nothing 
herein  contained  shall  prevent  the  general  court  from  assembling 
at  such  other  times  as  it  shall  judge  necessary,  or  when  called 
together  by  the  governor." 

Mr.    Luce   of   Waltham   raised   the    point   of   order   that   the  Point  of  order 
amendment  was  not  germane,  for  the  reason  that  it  related  to  dlsallowed- 
biennial  sessions   of  the  General   Court,   whereas  the  resolution 
under  consideration  related  to  biennial  elections. 

The  Chair  (Mr.  Pillsbury)  declared  the  point  of  order  not  well 
taken. 

The  previous  question  was  then  ordered. 

After    debate    the    amendments    moved    by    Mr.    Gates    were  voteon 
dopted,  by  a  vote  of  88  to  53;    the  amendment  moved  by  Mr.  amendments. 
Clark  was  rejected;    and  the  amendment  moved  by   Mr.   Del- 
linger  was  rejected. 

On  the  question   on  ordering  the  resolution,   as  amended,  to 

third  reading,  86  members  voted  in  the  affirmative  and  79  in 

e  negative. 


766 


JOURNAL  OF  THE  CONVENTION, 


Ordered  to  a 
third  reading. 


The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creed  of  Boston;  and  on  the  roll  call 
(the  President  having  returned  to  the  chair)  97  members  voted 
in  the  affirmative  and  92  in  the  negative,  as  follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bodfish,  John  D.  W. 
Bos  worth,  Henry  H. 
Bouve,  Walter  L. 
Brine,  Henry  C. 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Collier,  David  R. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Dale,  George  H. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 


Messrs.  Adams,  Scott 

Adams,  Smith  J. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Ballantyne,  John 
Barrett,  James  T. 
Bennett,  Frank  P. 


Messrs.  Hicks,  George  H. 

Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
*  McLaud,  Abner  S. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Nutting,  Edward  H. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Bigney,  Robert  E. 

Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 


TUESDAY,  AUGUST  6,  1918. 


767 


Messrs.  Buttrick,  Allan  G. 

Callahan,  Timothy  F. 
Charbonneau,  Henry  V. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Driscoll,  Dennis  D. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelly,  LukeL. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lowell,  James  A. 
Luce,  Robert 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Marshall,  Daniel  J. 


Messrs.  McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  John 
Moran,  William 
Merrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Waterman,  George  B. 
Webster,  George  P. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wing,  Herbert 
Wood,  Charles  J. 


97  yeas;  92  nays. 

Therefore  the  resolution,  as  amended,  was  ordered  to  a  third 
reading. 

Resolutions  — 

Relative  to  the  selection  of  officers  of  the  militia  (Doc.  No. 
316,  —  as  changed  by  the  committee  on  Form  and  Phraseology 
see  Doc.  No.  399); 

Relative  to  the  powers  of  the  Commander-in-Chief  and  of  the 
General  Court  in  matters  concerning  the  militia  (Doc.  No.  317, 
—  as  changed  by  the  committee  on  Form  and  Phraseology  see 

oc.  No.  400) ; 

Relative  to  succession  to  the  offices  of  Governor  and  Lieu- 
tenant-Governor  in  cases  of  vacancies  in  those  offices  (Doc.  No. 
397,  —  as  changed  by  the  committee  on  Form  and  Phraseology 
see  Doc.  No.  401);  and 

Relative  to  the  return  by  the  Governor,  with  recommenda- 
tions for  amendments,  of  bills  passed  by  the  General  Court 
(Doc.  No.  398,  —  as  changed  by  the  committee  on  Form  and 
Phraseology  see  Doc.  No.  402); 

kWere  severally  read  a  third  time;   and  they  were  passed  to  be 
grossed. 


Militia,  — 
selection  of 
officers,  etc. 


Id. 


Governor  and 
Lieutenant- 
Governor,  — 
succession. 


Governor,  — 
return  of 
legislative 
bills. 


768 


JOURNAL   OF  THE   CONVENTION, 


Governor  and 
Lieutenant- 
Governor,  — 
two-year  term. 


Women  as 
notaries  public. 


State  credit 
and  state 
debt. 


Mr.  Hobbs,  — 
amendments. 


Previous 
question. 

Amendment 
adopted. 


Id. 


Attorney- 
General,  —  ap- 
pointment. 


Council,  — 

abolition. 

Id. 


Id. 


The  Resolution  relative  to  the  powers  and  responsibilities  of 
the  office  of  Governor  (Doc.  No.  311)  was  considered,  the  re- 
maining question,  under  the  vote  of  July  16,  being  on  ordering 
paragraph  No.  3  to  a  third  reading,  the  same  providing  for  a 
two-year  term  for  Governor  and  Lieutenant-Governor. 

Mr.  Quincy  of  Boston  moved  that  the  further  consideration 
of  the  resolution  be  postponed  until  after  the  disposition  of  the 
remaining  matters  in  the  Orders  of  the  Day;  and  this  motion, 
after  debate,  prevailed. 

The  Resolution  providing  that  women  shall  be  eligible  to  ap- 
pointment as  notaries  public  (Doc.  No.  315,  amended,  —  as 
changed  by  the  committee  on  Form  and  Phraseology  see  Doc. 
No.  404)  was  read  a  third  time;  and  it  was  passed  to  be  en- 
grossed. 

The  Resolution  relative  to  loaning  the  credit  of  the  Common- 
wealth and  the  contracting  of  state  debt  (Doc.  No.  326)  was  con- 
sidered, the  main  question  being  on  ordering  it  to  a  third  reading. 

After  debate  Mr.  Hobbs  of  Worcester  moved  that  the  resolu- 
tion be  amended,  in  section  2,  by  striking  out,  in  liae  1,  the 
words  "contract  debts",  and  in  line  4,  the  words  "contract 
debt",  and  in  section  3,  by  striking  out,  in  lines  2  and  3,  the 
words  "contract  debts",  and  inserting  in  place  thereof,  in  each 
instance,  the  words  "borrow  money";  and  in  section  3  by  strik- 
ing out,  in  lines  3  and  4,  the  words  "recommended  by  the  gov- 
ernor and";  and  in  the  same  section  by  striking  out,  in  line  8, 
the  word  "debt",  and  inserting  in  place  thereof  the  word 
"loan". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour 
the  Convention  reassembled. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Curtis  of  Revere. 

The  amendment  previously  recommended  by  the  committee 
on  State  Finance  was  adopted,  as  follows:  Adding  at  the  end 
of  section  1  the  words  "privately  owned  and  managed". 

The  foregoing  amendments  moved  by  Mr.  Hobbs  were  also 
adopted;  and  the  resolution,  as  amended,  was  ordered  to  a  third 
reading. 

Resolutions  — 

Relative  to  the  appointment  of  the  Attorney-General  by  the 
Governor  and  of  the  district  attorneys  by  the  Attorney-General 
(Doc.  No.  161,  —  so  much  thereof  as  relates  to  the  appointment 
of  the  Attorney-General  by  the  Governor); 

Providing  for  the  abolition  of  the  Council  (Doc.  No.  162); 

Providing  for  the  abolition  of  the  Council  and  the  transfer  of 
its  powers  and  duties  to  the  Senate  (Doc.  No.  163);  and 

To  provide  for  the  abolition  of  the  Council  (Doc.  No.  164); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committees  on  State  Admin- 
istration and  the  Executive,  sitting  jointly. 


TUESDAY,  AUGUST  6,  1918.  769 

The  Resolution  relative  to  the  retirement  of  judicial  officers  Judicial^ 
(Doc.   No.  405,  —  as  changed  by  the  cojnmittee  on  Form  and  tirementT" 
Phraseology  see  Doc.  No.  413)  was  read  a  third  time. 

Mr.  Bullock  of  New  Bedford  being  in  the  chair,  Mr.  Maguire  of  Mr.  Maguire, 
Boston  moved  that  the  resolution  be  amended  by  adding  at  the   . 
end  thereof  the  words :  — 

"And  provided  further  that  the  governor  by  and  with  the 
consent  of  the  council  may  remove  any  judge  for  incompe- 
tence in  the  discharge  of  his  official  duties  after  giving  him 
an  opportunity  of  being  heard  and  of  being  represented  by 
counsel  in  his  own  defense." 

Mr.  Maguire   also  moved   that  the  resolution  be   amended  by  id. 
adding  at  the  end  thereof  the  following  paragraph:  — 

"The  judges  of  the  supreme  court  and  the  superior  court  and 
the  probate  courts  and  the  land  courts  and  the  district  courts 
and  the  police  courts  shall  be  elected  by  the  people  for  a  term 
of  seven  years.  The  names  of  the  candidates  for  judges  of  the 
aforesaid  courts  shall  be  placed  upon  the  ballot  at  the  regular 
state  elections  in  alphabetical  order  without  party  or  other  designa- 
tions except  the  title  of  the  office.  The  general  court  shall 
determine  the  qualifications  of  said  candidates  as  to  age,  experience 
and  length  of  membership  at  the  bar." 

After  debate  Mr.  Richardson  of  Newton  moved  the  previous  Previous 

question.  question. 

There    being    no    objection    Mr.    O'Connell    of    Boston    then  Mr.  J.  F. 
moved  that  the  resolution   (see  Doc.  No.  413)  be  amended  by 
inserting  after  the  word  "age",  in  line  8,  the  word  ",  unfitness". 

The  previous  question  was  then  ordered. 

Mr.  Luce  of  Waltham  then  moved  that  the  provisions  of  the  Adjournment 
standing  order  requiring  the  President  to  declare  adjournment  at  postponed. 
half-past  four  o'clock  be  suspended;    and  this  motion  prevailed. 

On  the  question  on  the  adoption  of  the  amendment  moved  by  Amendment 
Mr.  O'Connell  the  Chair  (Mr.  Bulfock)  declared  the  vote  to  be  rejec1 
in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  O'Connell;    and  on  the  roll  call  80  mem- 
bers voted  in  the  affirmative  and   119  in  the  negative,   as  fol- 
>ws:  — 

YEAS. 

[essrs.  Adams,  Brooks  Messrs.  Creamer,  Walter  H. 

Adams,  Smith  J.  Dean,  Robert  A. 

Anderson,  Frederick  L.  Derbyshire,  James  H. 

Aylward,  James  F.  Donoghue,  John  A. 

Barrett,  James  T.  Donovan,  Daniel  R. 

Batchelder,  Albert  W.  Donovan,  Thomas  F. 

Bauer,  Ralph  S.  Driscoll,  Dennis  D. 

Bigney,  Robert  E.  Flynn,  Maurice  R.     . 

Bodfish,  John  D.  W.  Gates,  Joseph  S. 

Brennan,  James  H.  George,  Samuel  W. 

Broderick,  Patrick  S.  Green,  Thomas  H. 

Buck,  Maurice  A.  Harding,  Clarence  W. 

Bullock,  William  J.  Hart,  Albert  Bushnell 

Butler,  A.  Webster  Horgan,  Francis  J. 

Callahan,  Timothy  F.  Johnson,  Charles  R. 

Carr,  Edward  Keliher,  John  A. 

Corrigan,  Robert  S.  Kelley,  Thomas  R. 


770 


JOURNAL  OF  THE  c6NVENTIOX, 


Messrs.  Kelly,  Luke  L. 

Kenny,  Herbert  A. 
Kilbon,  John  L. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Love,  Joseph  A. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Martin  L. 
Mclsaac,  Daniel  V. 
McLaud,  Abner  S. 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 


Messrs.  Adams,  Charles  Francis 
Adams,  Scott 
A  very,  Nathan  P. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Bassett,  Edmund 
Bates,  Sanford 
Bennett,  Frank  P. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bosworth,  Henry  H. 
Bouve,  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Bruce,  Charles 
Bryant,  Lincoln 
Burrell,  Fred  J. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doran,  James  P. 
Dresser,  Frank  F. 


Messrs.  O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peterson,  Patrick 
Quincy,  Josiah 
Ray,  Herbert  L. 
Rieutord,  Louis  0. 
Robinson,  George  H. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Thompson,  Edward 
Underbill,  Charles  L. 
Walker,  George 
Walsh,  David  I. 
Whipple,  Sherman  L. 


NAYS. 


Messrs.  Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flaherty,  William 
Foss,  George  H. 
Fraser,  Eugene  B. 
Garland,  Francis  P. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Lane,  D  wight  F. 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
McAnarney,  John  W. 
Merriam,  John  M. 
Michelman,  Joseph 
Montague,  David  T. 


TUESDAY,  AUGUST  6,  1918. 


771 


Messrs.  Morton,  James  M. 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Putnam,  Harry  B. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 


Messrs.  Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wood,  Charles  J. 


80  yeas;  119  nays. 

Therefore  the  amendment  moved  by  Mr.   O'Connell  was  re- 
jected. 

The  first  amendment  moved  by  Mr.   Maguire  was  then  re-  Amendments 
jected,   by   a   vote   of  26   to   103;    and  the  second   amendment  rejed 
moved  by  the  same  member  was  also  rejected. 

The  resolution    (see   Doc.    No.   413)    was   then   passed   to   be 
engrossed. 


Mr.  Edwin  U.  Curtis  of  Boston  then  moved  that  the  Conven-  Adjournment, 
tion  adjourn;    and  this  motion  prevailed. 

Accordingly,  at  twenty-eight  minutes  before  five  o'clock,  the 
Chair  (Mr.  Bullock  of  New  Bedford)  declared  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


772 


JOURNAL  OF  THE  CONVENTION, 


WEDNESDAY,  August  7,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer   was   offered   by   Rev.    Newton   W.    Bates   of   Fairport 
Harbor,  Ohio. 


Manner  of 
submitting 
amendments 


Submission  of  Amendments  to  the  People. 

On  motion  of  Mr.  Washburn  of  Middleborough,  - 
Ordered,  That  the  committee  on  Rules  and  Procedure  and  the 
committee  on  Amendment  and  Codification  of  the  Constitution, 
sitting  jointly,  report  from  time  to  time  orders  directing  the 
manner  in  which  the  several  proposals  to  amend  the  Constitu- 
tion, which  may  be  duly  passed  by  the  Convention,  shall  be 
submitted  to  the  people  for  their  ratification  and  adoption  at 
the  state  election  to  be  held  on  November  5  next. 


Homes  for 
citizens. 


Quorum. 


Roll  call. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  extend  the  power  of  the  Commonwealth  to 
provide  homes  for  citizens  (Doc.  No.  406,  —  as  changed  by  the 
committee  on  Form  and  Phraseology  see  Doc.  No.  417)  was 
considered,  the  question  being  on  passing  it  to  be  engrossed. 

The  question  was  put,  and  38  members  having  voted  in  the 
affirmative  and  38  in  the  negative  the  President  declared  the 
resolution  rejected. 

Mr.  Creed  of  Boston  raised  the  point  of  order  that  a  quorum 
was  not  present.  A  count  of  the  Convention  showed  that  88 
members  were  present;  and  the  President  requested  the  Sergeant- 
at-Arms  to  secure  the  attendance  of  a  quorum. 

Subsequently  Mr.  Gleason  of  Andover  moved  that  the  roll 
of  the  Convention  be  called;  and  this  motion  prevailed. 

The  roll  was  then  called;  and  161  members  answered  to  their 
names,  as  follows :  — 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 


Messrs.  Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bicknell,  Wallace  H. 
Bosworth,  Henry  H. 
Bouve,  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Brown,  E.  Gerry 
Bruce,  Charles 


WEDNESDAY,  AUGUST  7,  1918. 


773 


Messrs.  Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A.. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daley,  Peter 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farns  worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Flaherty,  William 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 


Messrs.  Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kilbon,  John  L.' 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Mahoney,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Moore,  Charles  D.  C. 
Moran,  William 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 


774 


JOUENAL  OF  THE  CONVENTION, 


Messrs.  Waterman,  George  B. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 


Messrs.  Whitehead,  James 
Wing,  Herbert 
Winslow,  Guy  M. 
Wood,  Charles  J. 


Resolution 
rejected. 


Therefore  it  appeared  that  a  quorum  was  then  present. 

The  question  was  again  put  on  passing  the  resolution  to  be 
engrossed;  and  69  members  voted  in  the  affirmative  and  79  in 
the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;  and  on  the 
roll  call  90  members  voted  in  the  affirmative  and  94  in  the  nega- 
tive, as  follows :  — 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Curtis,  Arthur  B. 
Daley,  Peter 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Foss,  George  H. 
Frost,  Archie  N. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Hale,  Edward  R. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelley,  George  W. 


Messrs.  Kelly,  Luke  L. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Langelier,  Louis  F.  R. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Love,  Joseph  A. 
Lowell,  James  A. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Robbins,  Edward  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stoeber,  Charles 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Swig,  Louis 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 


WEDNESDAY,  AUGUST  7,  1918. 


775 


NAYS. 


Messrs.  Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Crafts,  Lyman  A. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 


Messrs.  Giddings,  Charles 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hawley,  Truman  R. 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Look,  William  J. 
Loring,  Augustus  P. 
Luce,  Robert 
Lummus,  Henry  T. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Merriam,  John  M. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Thompson,  John  L. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


90  yeas;  94  nays. 


I 


Therefore  the  Convention  refused  to  pass  the  resolution  to  be 
engrossed. 

The   Resolution   relative   to   the   revocation   or   alteration   of  Grants, 
grants,    franchises,    privileges    or    immunities    (Doc.    No.    103,  pririieges,' 
amended,  —  as  changed  by  the  committee  on  Form  and  Phrase-  immunities- 
ology  see   Doc.   No.   414)   was  read  a  third  time;    and  it  was 
passed  to  be  engrossed. 

The   engrossed   Resolution   relative   to   the   public  interest  in  Natural 
natural  resources  (see  Doc.  No.  379,  amended)  was  considered,  ^S^' 
the  question  being  on  submitting  the  proposal  to  the  people.       interest. 


776 


JOURNAL   OF  THE   CONVENTION, 


Mr.  Dresser, 
amendment. 


Rule  53  not 
suspended. 


After  debate  Mr.  Dresser  moved  that  Rule  53  be  suspended, 
that  he  might  move  that  the  resolution  be  amended  by  striking 
out  all  after  the  title,  and  inserting  in  place  thereof  the  fol- 
lowing: — 

Section  II  of  Chapter  V  of  Part  the  Second  of  the  constitu- 
tion is  hereby  amended  by  inserting  before  the  words  "to 
countenance  and  inculcate  the  principles  of  humanity"  the 
words  "to  foster  the  development  and  use  of  the  waste  or 
undeveloped  natural  resources  of  the  commonwealth;". 

On  the  question  on  suspending  the  rule,  94  members  voted  in 
the  affirmative  and  42  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Hobbs  of  Worcester;  and  on  the  roll  call 
114  members  voted  in  the  affirmative  and  91  in  the  negative,  as 
follows :  — 


YEAS. 


Messrs.  Adams,  Smith  J. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bennett,  Frank  P. 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Bouv6,  Walter  L. 
Boyden,  Frank  L. 
Brooks,  George  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 


Messrs.  Ferrey,  Irving  D. 
Ferry,  James  R. 
Flaherty,  William 
Flye,  Louis  Edwin 
French,  Asa  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Love,  Joseph  A. 
Lowell,  James  A. 
Lummus,  Henry  T. 
Lynch,  John  C. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
Merriam,  John  M. 
Montague,  David  T. 
Morton,  James  M. 
Newhall,  Arthur  N. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 


WEDNESDAY,  AUGUST  7,  1918. 


777 


Messrs.  Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Trefry,  William  D.  T. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Batchelder,  Albert  W. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Daley,  Peter 
Dean,  Robert  A. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flynn,  Maurice  R. 
Foss,  George  H. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 

114 


Messrs.  Turner,  Joseph 

Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 

NATS. 

Messrs.  Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Loring,  Augustus  P. 
Luce,  Robert 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Whitehead,  James 
Winslow,  Guy  M. 

yeas;  91  nays. 


I 


Therefore  the  Convention  refused  to  suspend  Rule  53,  less 
than  two-thirds  of  the  members  present  having  voted  in  the 
affirmative. 


778 


JOURNAL  OF  THE  CONVENTION, 


-rameidbiSs.  Mr-  Pillsbury  of  Wellesley  then  moved  that  Rule  53  be  sus- 
'  pended,  that  he  might  move  that  the  resolution  be  amended  by 
striking  out,  in  line  3,  the  words  ",  development  and  utiliza- 
tion", and  inserting  in  place  thereof  the  words  "and  develop- 
ment"; and  by  striking  out,  in  lines  9  and  10,  the  words  ",  devel- 
opment, utilization  and  control",  and  inserting  in  place  thereof 
the  words  "and  development". 

After  debate  the  Convention  refused  to  suspend  said  rule. 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Chandler  of  Somerville. 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

After  debate  the  question  was  put  on  the  question  on  sub- 
mitting the  proposal  to  the  people,  and  99  members  voted  in 
the  affirmative  and  71  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Dresser  of  Worcester;  and  on  the  roll  call 
136  members  voted  in  the  affirmative  and  86  in  the  negative,  as 
follows :  — 


Previous 
question. 

Recess. 


Proposal 
submitted  to 
the  people. 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Ay  1  ward,  James  F. 
Bailey,  Charles  O. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bouv6,  Walter  L. 
Boynton,  Thomas  J. 
Brennan,  James  H. 
Brennan,  James  J. 
Brown,  E.  Gerry 
Bullock,  William  J. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Callahan,  Timothy  F. 
Carr,  Edward 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Daley,  Peter 
Davis,  William  R. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 


Messrs  .Doran,  James  P. 

Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Flaherty,  William 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hawley,  Truman  R. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kinney,  William  S. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 


WEDNESDAY,  AUGUST  7,  1918. 


779 


Messrs.  Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McCarthy,  Charles  F. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moran,  William 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 


Messrs.  Adams,  Scott 

Adams,  Smith  J. 
Balch,  Francis  N. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Bolster,  Percy  G. 
Bos  worth,  Henry  H. 
Boy  den,  Frank  L. 
Brooks,  George  F. 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Crafts,  Lyman  A. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  Elbridge  G. 


Messrs.  Quinn,  Timothy  F. 


Loss,  Samuel 


Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Walcott,  Robert 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Webster,  Francis  E. 
Webster,  George  P. 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Delano,  Robert  T. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Foss,  George  H. 
French,  Asa  P. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hibbard,  Charles  E. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Lane,  Daniel  W. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
McAnarney,  John  W. 
Merriam,  John  M. 
Montague,  David  T. 
Morton,  James  M. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 


780 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Thompson,  John  L. 


Messrs.  Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Waterman,  George  B. 
Wellman,  Arthur  Holbrook 
Williams,  Fred  Homer 
Wing,  Herbert 
Wood,  Charles  J. 


136  yeas;  86  nays. 


Administra- 
tion of  state 
business. 

Mr.  B.  Adams, 
—  amendment. 


Mr.  J.  P. 

Richardson,  - 
amendments. 


Adjournment. 


Therefore  the  Convention  voted  to  submit  the  proposal  to  the 
people. 

The  Resolution  to  provide  for  the  more  efficient  administra- 
tion of  the  business  of  the  Commonwealth  (Doc.  No.  407)  was 
read  a  second  time. 

After  debate  Mr.  Adams  of  Quincy  moved  that  the  resolution 
be  amended  by  striking  out,  in  line  23,  the  words  ",  board  or 
commission". 

After  further  debate  Mr.  Richardson  of  Newton  moved  that  the 
resolution  be  amended  by  inserting  after  the  word  "appointed", 
in  line  26,  the  words  "and  may  be  removed";  and  by  striking 
out,  in  lines  27  and  28,  the  words  ",  and  shall  be  removable  in 
such  manner  as  may  be  provided  by  law". 

Mr.  White  of  North  Brookfield  then  moved  that  the  Con- 
vention adjourn;  and  this  motion  prevailed. 

Accordingly,  at  twenty-nine  minutes  past  four  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


THURSDAY,  AUGUST  8,   1918.  781 


THURSDAY,  August  8,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Horace  A.  Roberts  of  Block  Island, 
Rhode  Island. 

Admission  to  the  Floor  —  Corporal  Slater  Washburn. 

On  motion  of  Mr.  Parker  of  Lancaster,  — 

Voted,  That   admission   to  the  floor  be   granted   to   Corporal  Corporal 
Slater  Washburn  of  Battery  C,  101st  Regiment  of  Field  Artillery,  Washburn,  - 
26th    Division    of    the    United    States    Army,    son    of    Delegate 
Charles  G.  Washburn  of  Worcester,  Corporal  Washburn  having 
recently  returned  from  active  service  in  France  to  be  assigned  for 
duty  in  this  country. 

Waiving  of  Salaries  by  Absent  Members. 

Mr.  Curtis  of  Revere  offered  the  following  order,  and  the 
President  stated  that  the  consideration  thereof  would  be  post- 
poned until  the  next  session:  — 

Ordered,  That  the  Treasurer  and  Receiver-General  may  accept  Waiving  of 
the  waiver  of  the  salary,  or  any  part  thereof,  of  any  member  of  by^lTent 
the  Convention  who  has  been  absent  from  its  sessions,  and  may  members, 
thereupon  dispose  of  the  sums  so  waived  as  though  the  same  had 
not  been  appropriated  to  salaries  by  the  Convention,  unless  the 
waiver  requests  the  payment  thereof  to  the  work  of  the  Red 
Cross,  in  which  event  it  shall  be  so  disposed  of.     The  Secretary 
of  the  Convention  is  hereby  directed  to  notify  each  delegate  of 
the  adoption  of  this  order. 

Engrossed  Resolutions. 

Engrossed  resolutions  — 

Relative  to  the  selection  of  officers  of  the  militia  (see  Doc.  No.  Militia. 
399); 

Relative  to  the  powers  of  the  Commander-in-Chief  and  of  the  id. 
General  Court  in  matters  concerning  the  militia  (see  Doc.  No. 
400); 

Relative  to  succession   to    the  offices  of  Governor  and  Lieu-  Governor  and 
tenant-Governor  in  cases  of  vacancies  in  those  offices  (see  Doc:  Governor1!*— 

No.    401);  succession. 

Relative  to  the  return  by  the  Governor,  with  recommenda-  Legislative 
tions  for  amendments,  of  bills  passed  by  the  General  Court  (see  bllls>  ~~ return- 

.  No.  402); 
Providing   that   women    shall   be   eligible   to    appointment    as  Notaries 

IT/  T-i  XT  *r*A\  publlC,— 

aries  public  (see  Doc.  No.  404);  women. 

Relative  to  the  retirement  of  judicial  officers   (see  Doc.   No.  Judicial 

o\  ,  omcers,  — 

6) ;    and  retirement. 


782 


JOURNAL  OF  THE  CONVENTION, 


Grants, 
franchises, 
privileges, 
immunities. 


Relative  to  the  revocation  or  alteration  of  grants,  franchises, 
privileges  or  immunities  (see  Doc.  No.  414); 

Were  severally  laid  before  the  Convention;  and  the  President 
stated  that  the  resolutions  would  be  placed  in  the  Orders  of  the 
Day  for  the  next  session. 


Administra- 
tion of  state 
business. 


Mr.  Underbill, 
—  amendments, 


Mr.  Newton,  — 
amendment. 


Mr.  J.  Walker, 
—  amendment. 


Recess. 


Quorum. 


Mr.  S.  Bates, 
amendment. 

Previous 
question. 

Amendments 
rejected. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  Resolution  to  provide  for  the  more  efficient  administra- 
tion of  the  business  of  the  Commonwealth  (Doc.  No.  407),  being 
the  unfinished  business  of  the  preceding  session,  was  considered 
further,  the  main  question  being  on  ordering  it  to  a  third  reading. 

After  debate  (Mr.  Hibbard  of  Pittsfield  being  in  the  chair) 
Mr.  Underhill  of  Somerville  moved  that  the  resolution  be 
amended  by  striking  out,  in  lines  5,  6  and  7,  the  words  "The 
appointment  of  executive  or  administrative  officers  shall  be 
classed  as  an  executive  function.";  and  by  striking  out  lines  38 
to  44,  inclusive. 

Mr.  Newton  of  Everett  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  31  to  36,  inclusive,  the  words  " :  pro- 
vided, that  if  the  general  court  fails  to  pass  such  a  law  at  its  first 
session  after  the  adoption  of  this  amendment  an  organization  in 
conformity  herewith  shall  be  established  by  an  order  passed  by 
the  governor  and  council,  which  shall  have  the  effect  of  law". 

After  further  debate  Mr.  Walker  of  Brookline  moved  that  the 
resolution  be  amended  by  striking  out,  in  lines  27  and  28,  the 
words  "and  shall  be  removable  in  such  manner  as  may  be  pro- 
vided by  law",  and  inserting  in  place  thereof  the  words  "for 
such  term  as  may  be  provided  by  law  but  shall  be  removable 
at  any  time  by  the  governor". 

At  one  o'clock,  under  the  provisions  of  a  standing  order,  the 
Chair  (Mr.  Hibbard)  declared  a  recess  until  two  o'clock;  at 
which  hour  the  Convention  reassembled,  with  the  President  in 
the  chair. 

Mr.  Sullivan  of  Salem  moved  that  the  roll  of  the  Convention 
be  called,  to  ascertain  if  a  quorum  was  present;  and  this  motion 
was  negatived. 

After  debate  Mr.  Bates  of  Boston  moved  that  the  resolution 
be  amended  by  striking  out  lines  16  to  44,  inclusive. 

The  previous  question  was  then  ordered,  on  motion  of  Mr. 
Chandler  of  Somerville. 

After  debate  the  first  amendment  moved  by  Mr.  Underhill 
was  rejected;  the  amendment  previously  moved  by  Mr.  Adams 
of  Quincy  was  rejected;  the  amendments  previously  moved  by 
Mr.  Richardson  of  Newton  were  rejected;  the  amendment  moved 
by  Mr.  Walker  was  rejected,  by  a  vote  of  27  to  128;  the  amend- 
ment moved  by  Mr.  Newton  was  rejected;  the  amendment 
moved  by  Mr.  Bates  was  rejected,  by  a  vote  of  83  to  88;  and 
the  second  amendment  moved  by  Mr.  Underhill  was  rejected. 

On  the  question  on  ordering  the  resolution  to  a  third  reading, 
82  members  voted  in  the  affirmative  and  101  in  the  negative. 


THURSDAY,  AUGUST  8,  1918. 


782 


The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Kilbon  of  Springfield ;  and  on  the  roll  call 
96  members  voted  in  the  affirmative  and  109  in  the  negative, 
as  follows:  — 


YEAS. 


Messrs.  Adams,  Scott 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Balch,  Francis  N. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Burns,  William  A.' 
Burrell,  Fred  J. 
Carr,  Edward 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coombs,  Zelotes  W. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daley,  Peter 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Donoghue,  John  A. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Flynn,  Maurice  R. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Kelley,  George  W. 


Adams,  Charles  Francis 
Adams,  Smith  J. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Bassett,  Edmund 


Messrs.  Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McLaud,  Abner  S. 
Mitchell,  Charles 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Shea,  John  M. 
Skerrett,  Mark  N. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Underbill,  Charles  L. 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Wellman,  Arthur  Holbrook 
WThite,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Besse,  Harold  A. 

Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 


784 


JOURNAL  OF  THE  CONVENTION, 


Buck,  Maurice  A. 
Bullock,  William  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clark,  Chester  W. 
Coolidge,  Louis  A. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donovan,  Daniel  R. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Feiker,  WiUiam  H. 
Ferry,  James  R. 
Flaherty,  William 
Foss,  George  H. 
Frost,  Archie  N. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Granfield,  William  J. 
Green,  Thomas  H. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Jones,  George  R. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Lomasney,  Martin  M. 
Look,  William  J. 


Messrs.  Lowe,  Arthur  H. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Martin,  Martin  L. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  John 
Montague,  David  T. 
Moran,  William 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Parker,  Herbert 
Parkman,  Henry 
Peterson,  Patrick 
Reidy,  Michael  J. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shattuck,  Josiah  B. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  J. 
Tatman,  Charles  T. 
Turner,  Joseph 
Walcott,  Robert 
Walker,  George 
Waterman,  George  B. 
Webster,  George  P. 
Wheeler,  William 
Williams,  Fred  Homer 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


96  yeas;  109  nays. 


Public 

employees,  — 
selection. 


Adjournment. 


Therefore  the  Convention  refused  to  order  the  resolution  to  a 
third  reading. 

The  Resolution  relative  to  the  selection  of  employees  for 
public  service  (Doc.  No.  408)  was  read  a  second  time. 

Mr.  Flynn  of  Maiden  then  moved  that  the  Convention  adjourn; 
and  this  motion  prevailed. 

Accordingly,  at  twenty-one  minutes  past  four  o'clock,  the 
Convention  adjourned,  to  meet  to-morrow  at  half-past  ten 
o'clock  A.M. 


FRIDAY,  AUGUST  9,  1918.  785 


FRIDAY,  August  9,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  J.  Franklin  Knotts  of  Somerville, 
a  member  of  the  Convention. 

Admission  to  the  Floor  —  Lieutenant  Walter  L.  Bouve,  Jr. 

On  motion  of  Mr.  Curtiss  of  Hingham,  — 

Voted,  That  admission  to  the  floor  be  granted  to  Lieutenant  Admission 
Walter  L.   Bouve,  Jr.,  of  Company  C,  807th  Regiment  of  In- 
fantry,  United  States  Army,  son  of  Delegate  Walter  L.  Bouve  of 
Hingham. 

Report  of  a  Committee. 

Mr.  William  H.  Sullivan  of  Boston,  for  the  committee  on  Bill 
of  Rights,  to  whom  was  recommitted  (on  July  25)  the  Resolution  and  class 
to  prevent  the  granting  of  special  privileges  and  creating  class 
distinction  among  the  people  of  this  Commonwealth  (Doc.  No. 
308,  —  as  changed  by  the  committee  on  Form  and  Phraseology  see 
Doc.  No.  392)  reported  that  the  same  ought  not  to  pass. 

The  resolution  was  placed  in  the  Orders  of  the  Day  for  the 
next  session,  the  question  being  on  the  rejection  of  the  proposal. 

Reconsideration. 

» 

Mr.  Sullivan  of  Salem  moved  that  the  vote  be  reconsidered  by  Administration 
which  the  Convention,  at  the  preceding  session,  refused  to  order  business, 
to  a  third  reading  the  Resolution  to  provide  for  the  more  efficient 
administration  of  the  business  of  the  Commonwealth  (Doc.  No. 
407). 

After  debate  the  question  was  put,  and  80  members  voted  in 
the  affirmative  and  61  in  the  negative. 

Mr.  Feiker  of  Northampton  raised  the  point  of  order  that  a  Quorum, 
quorum  was  not  present.     A  count  of  the  Convention  showed 
that  147  members  were  present;   and  the  President  requested  the 
Sergeant-at-Arms  to  secure  the  attendance  of  a  quorum. 

On  the  appearance  of  a  quorum  the  question  was  again  put  on 
the  motion  to  reconsider,  and  83  members  voted  in  the  affirma- 
tive and  72  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Motion  to 
at  the  request  of  Mr.  Feiker;    and  on  the  roll  call  90  members 

tted  in  the  affirmative  and  87  in  the  negative,  as  follows:  — 
I 


YEAS. 


.  Adams,  Brooks  Messrs.  Bates,  Sanford 
Anderson,  Frederick  L.  Bennett,  Frank  P. 

Aylward,  James  F.  Bodfish,  John  D.  W. 

Balch,  Francis  N.  Bolster,  Percy  G. 

Barrett,  James  T.  Bosworth,  Henry  H. 

Batchelder,  Albert  W.  Bouve",  Walter  L. 


786 


JOURNAL  OF  THE   CONVENTION, 


Messrs.  Boyden,  Frank  L. 
Brine,  Henry  C. 
Brooks,  George  F. 
Bryant,  Lincoln 
Burrell,  Fred  J. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Creamer,  Walter  H. 
Curtis,  Arthur  B. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Flynn,  Maurice  R. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 


Messrs.  Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
McLaud,  Abner  S. 
Mitchell,  Charles 
Myron,  John  F. 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Theller,  Ralph  L. 
Trefry,  William  D.  T. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Smith  J. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Coolidge,  Louis  A. 
Costello,  Francis  M. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 


Messrs.  Curtis,  Edwin  U. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flaherty,  William 
Flye,  Louis  Edwin 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Good,  John  P. 
Green,  Thomas  H. 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Jones,  George  R. 


FKIDAY,  AUGUST  9,  1918. 


787 


Messrs.  Keliher,  John  A. 

Kinney,  William  S. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
'    Mahoney,  John  J. 
Mancovitz,  David 
Merriam,  John  M. 
Montague,  David  T. 
Moran,  William 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Parkman,  Henry 
PUlsbury,  Albert  E. 


Messrs.  Richardson,  Edward  A. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  William  H. 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Thompson,  Edward 
Waterman,  George  B. 
Webster,  George  P. 
Wheeler,  William 
Wing,  Herbert 
Wonson,  Carlton  W. 


90  yeas;  87  nays. 


Therefore  the  motion  to  reconsider  prevailed. 

On  the  recurring  question  on  ordering  the  resolution  to  a  third 
reading,  79  members  voted  in  the  affirmative  and  79  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Resolution 
at  the  request  of  Mr.  Sullivan  of  Salem;    and  on  the  roll  call  106 
members  voted  in  the  affirmative  and  87  in  the  negative,  as  fol- 
lows: — 


YEAS. 


Messrs.  Adams,  Brooks 

Anderson,  Frederick  L. 
Aylward,  James  F. 
Balch,  Francis  N. 
Barrett,  James  T. 
Batchelder,  Albert  W. 
Bates,  Sanford 
Bennett,  Frank  P. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Brooks,  George  F. 
Burns,  William  A. 
Burrell,  Fred  J. 
Carr,  Edward 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coombs,  Zelotes  W. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 


Messrs.  Creamer,  Walter  H. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Dean,  Robert  A. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  Daniel  R. 
Doran,  James  P. 
Driscoll,  Timothy  J. 
Dutch,  Charles  Frederick 
Ferrey,  Irving  D. 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gates,  Joseph  S. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kilbon,  John  L. 


788 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lynch,  John  C. 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Mitchell,  Charles 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
Peirce,  Albion  G. 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Bailey,  Charles  O. 
Ballantyne,  John 
Bangs,  Francis  R. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Coolidge,  Louis  A. 
Costello,  Francis  M. 
Craven,  John  H. 
Creed,  James  F. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Edwin  U. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferry,  James  R. 
Flaherty,  William 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Good,  John  P. 


Messrs.  Robbins,  Edward  J. 
Shea,  John  M. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Theller,  Ralph  L. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Wilson,  William  H. 
Wing,  Herbert 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Green,  Thomas  H. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Harrington,  Patrick  H. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  Thomas  R. 
Kinney,  William  S. 
Lane,  Daniel  W. 
Lomasney,  Martin  M. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowe,  Arthur  H. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Merriam,  John  M. 
Montague,  David  T. 
Moran,  William 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sullivan,  William  J. 
Swig,  Louis 
Talbot,  Harry  R. 


I 


FRIDAY,  AUGUST  9,  1918.  789 

Messrs.  Tatman,  Charles  T.  Messrs.  Williams,  Fred  Homer 

Waterman,  George  B.  Wonson,  Carlton  W. 

Webster,  George  P.  Wood,  Charles  J. 

Wheeler,  William 

106  yeas;  87  nays. 

Therefore  the  resolution  was  ordered  to  a  third  reading. 

Discharged  from  the  Orders  of  the  Day. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  following  order 
(offered  by  Mr.  Curtis  of  Revere  on  August  8)  was  discharged 
from  the  Orders  of  the  Day,  under  Rule  39;  and,  pending  the 
question  on  the  adoption  of  the  order,  the  further  consideration 
thereof  was  postponed,  on  motion  of  the  same  member,  until 
Tuesday  next,  first  in  the  Orders  of  the  Day:  — 

Ordered,  That  the  Treasurer  and  Receiver-General  may  accept  Waiving  of 
the  waiver  of  the  salary,  or  any  part  thereof,  of  any  member  of  ^absent 
the  Convention  who  has  been  absent  from  its  sessions,  and  may  members. 
thereupon  dispose  of  the  sums  so   waived  as  though  the  same 
had  not  been  appropriated  to  salaries  by  the  Convention,  unless 
the  waiver  requests  the  payment  thereof  to  the  work  of  the  Red 
Cross,  in  which  event  it  shall  be  so  disposed  of.     The  Secretary 
of  the  Convention  is  hereby  directed  to  notify  each  delegate  of 
the  adoption  of  this  order. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The    Resolution    relative    to    the    selection    of    employees    for  Public 
public  service  (Doc.  No.  408),  being  the  unfinished  business  of 
the  preceding  session,  was  considered  further,  the  question  being 
on  ordering  it  to  a  third  reading. 

After  debate  (Mr.  Doe  of  Franklin  being  in  the  chair)  Mr.  Mr.Curtiss, 
Curtiss  of  Hingham  moved  that  the  resolution  be  amended  by  amendment- 
inserting  before  the  word  "provided",  in  line  13,  the  words 
"provided  that  the  civil  service  commission  shall  allow  by  way 
of  preference  to  all  applicants  honorably  discharged  from  the 
military  or  naval  service  of  the  United  States  who  are  citizens  of 
the  United  States  and  of  this  commonwealth  such  number  of 
marks  as  it  may  deem  consistent  with  maintaining  the  efficiency 
of  the  public  service,  and  that  in  certifying  names  for  appoint- 
ment such  honorably  discharged  applicants  shall  be  given  the 
preference  over  all  other  applicants  who  have  received  equal 
number  of  marks,  and". 

Mr.  Brown  of  Brockton  then  moved  that  the  provisions  of  the 
standing  order  requiring  the  President  to  declare  a  recess  at  one 
o'clock  be  suspended. 

After  debate,  at  one  o'clock,  under  the  provisions  of  said  order,  Recess, 
the  Chair  (Mr.  Doe)  declared  a  recess  until  two  o'clock;   at  which 
our  the  Convention  reassembled. 


790 


JOURNAL  OF  THE  CONVENTION, 


Quorum. 


Mr.  Leonard, 
amendment. 


Mr.  B.  Adams, 
—  amendments. 


Mr.  Pillsbury, 
—  amendment. 


Previous 
question. 
Amendments 
rejected. 


Resolution 
rejected. 


Mr.  Clark  of  Brockton  doubted  the  presence  of  a  quorum;  and 
the  Chair  (Mr.  Doe)  requested  the  Sergeant-at-Arms  to  secure 
the  attendance  of  a  quorum. 

After  debate  (the  President  having  returned  to  the  chair)  Mr. 
Leonard  of  Boston  moved  that  the  resolution  be  amended  by 
striking  out  lines  4  to  35,  inclusive,  and  inserting  in  place  thereof 
the  following :  — 

"The  general  court  may  determine  by  law  the  basis  upon 
which  those  foreign  born  male  persons  who  did  not  render 
military  or  naval  service,  and  who,  being  eligible  to  naturaliza- 
tion, did  not  become  citizens  of  the  United  States  before  any 
specified  date  in  the  period  of  the  present  war,  may  hereafter 
enter  the  public  service  or  of  any  civil  division  thereof." 

Mr.  Adams  of  Quincy  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  7  and  8,  the  words  ",  and  not  responsible 
for  the  formation  of  policies,";  and  by  striking  out,  in  lines  17 
and  18,  the  words  "The  general  court  may  determine  what  public 
servants  are  responsible  for  the  formation  of  policies." 

Mr.  Shaw  of  Revere  then  moved  the  previous  question. 

There  being  no  objection,  Mr.  Pillsbury  of  Wellesley  then  moved 
that  the  resolution  be  amended  by  striking  out  lines  4  to  35,  in- 
clusive, and  inserting  in  place  thereof  the  following:  - 

"Appointments  and  promotions  in  the  civil  service  of  the  com- 
monwealth and  of  all  political  divisions  thereof  shall  be  made 
according  to  merit  and  fitness,  to  be  ascertained,  so  far  as  practi- 
cable, by  examinations,  which,  so  far  as  practicable,  shall  be 
competitive." 

The  previous  question  was  then  ordered. 

After  debate  the  amendments  moved  by  Messrs.  Curtiss  and 
Adams  were  severally  rejected;  the  amendment  moved  by  Mr. 
Leonard  was  rejected,  by  a  vote  of  36  to  72;  and  the  amend- 
ment moved  by  Mr.  Pillsbury  was  rejected,  by  a  vote  of  45  to  76. 

The  Convention  then  refused,  by  a  vote  of  36  to  98,  to  order 
the  resolution  to  a  third  reading. 


Adjournment.         ]y[r     Gleason   of   Andover   then   moved   that   the   Convention 
adjourn;   and  this  motion  prevailed. 

Accordingly,  at  one  minute  before  four  o'clock,  the  Conven- 
tion adjourned,  to  meet  on  Tuesday  next  at  half-past  ten  o'clock 
A.M. 


TUESDAY,  AUGUST  13,  1918.  791 


TUESDAY,  August  13,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Paul  Harris  Drake  of  Boston. 

Leave  of  Absence. 

On  motion  of  Mr.  Barker  of  Fall  River,  — 

Ordered,  That  Mr.  Turner  of  Fall  River  be  granted  leave  of  Joseph  Turner, 
absence,  under  Rule  13,  on  account  of  illness  in  his  family. 

On  motion  of  Mr.  Rieutord  of  Southbridge,  — 

Ordered,   That  Mr.   Leboeuf  of  Webster  be  granted  leave  of 

absence,  under  Rule  13,  for  one  week,  on  account  of  duties  in 

connection  with  war  work. 

On  motion  of  Mr.  Robinson  of  Sturbridge,  — 

Ordered,  That  Mr.  Love  of  Webster  be  granted  leave  of  absence,  Joseph  A. 
under  Rule  13,  for  one  week,  on  account  of  duties  in  connection  Love* 
with  war  work. 

Memorial  in  Support  of  Biennial  Elections. 

The    President   presented    a    memorial  of   the    Massachusetts  Biennial 
Real  Estate  Exchange  in  support  of  the  Resolution  to  provide  el 
for  biennial  elections  of  state  officers,  councillors  and  members  of 
the  General  Court  (Doc.  No.  126) ;   and  the  same  was  placed  on 
file. 

Compensation  of  Certain  State  House  Employees. 

On  motion  of  Mr.  Harriman  of  New  Bedford,  — 

Ordered,    That   the   committee   on    Contingent   Expenses   and  Engineer's 
Pay-Roll  consider  the  advisability  of  providing  for  compensating  compreSltfon~ 
employees  in  the  engineer's  department  of  the  State  House,  on  of  employees. 
account  of  increased  duties  in  connection  with  the  Convention. 

Proposed  Amendment  of  Rule  18. 

The  following  order  was  offered  by  Mr.  Williams  of  Brookline, 
and  the  President  stated  that  it  would  be  placed  in  the  Orders  of 
the  Day  for  the  next  session:  — 

Ordered,   That   Rule    18   be   amended   by   adding   at   the   end  Rule  is, 
thereof  the  words  ":  provided,  however,  that,  in  debate  on  the  debate!01 
questions  on  passing  a  resolution  to  be  engrossed  and  on  sub- 
mitting a  proposal  to  the  people,  members  shall  be  limited  to 

re  minutes  each". 


792 


JOURNAL  OF  THE  CONVENTION, 


Waiving 
of  salaries 
by  absent 
members. 


Mr.  Creed, - 
amendment. 


Council, 
—  statutory 
orders. 


Mr.  Wellman, 
—  amendment. 


Mr.  Hart,  — 
amendment. 

Previous 
question. 


postponed. 


Amendments 
rejected. 


Resolution 
rejected. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  following  order  (offered  by  Mr.  Curtis  of  Revere  on 
August  8)  was  considered :  — 

Ordered,  That  the  Treasurer  and  Receiver-General  may  ac- 
cept the  waiver  of  the  salary,  or  any  part  thereof,  of  any  member 
of  the  Convention  who  has  been  absent  from  its  sessions,  and 
may  thereupon  dispose  of  the  sums  so  waived  as  though  the 
same  had  not  been  appropriated  to  salaries  by  the  Convention, 
unless  the  waiver  requests  the  payment  thereof  to  the  work  of 
the  Red  Cross,  in  which  event  it  shall  be  so  disposed  of.  The 
Secretary  of  the  Convention  is  hereby  directed  to  notify  each 
delegate  of  the  adoption  of  this  order. 

Mr.  Creed  of  Boston  moved  that  the  order  be  amended  by 
inserting  after  the  words  "Red  Cross "  the  words  ",  the  Young 
Men's  Christian  Association,  the  Knights  of  Columbus,  the  Sal- 
vation Army  or  the  Jewish  War  Relief  ". 

There  being  no  objection  Mr.  Curtis  accepted  the  amendment 
as  a  part  of  the  order. 

The  order,  as  thus  modified,  was  then  adopted. 

The  Resolution  relative  to  the  passing  by  the  Council  of  stat- 
utory orders  relating  to  local,  special  or  private  matters  (Doc. 
No.  409)  was  read  a  second  time. 

After  debate  (Mr.  Good  of  Cambridge  being  in  the  chair)  Mr. 
Wellman  of  Topsfield  moved  that  the  resolution  be  amended  by 
striking  out  lines  3  to  53,  inclusive,  and  inserting  in  place  thereof 
the  following:  — 

"The  general  court  may  delegate  to  the  council  the  power  to 
pass,  with  the  approval  of  the  governor,  and  under  such  rules 
and  limitations  as  the  general  court  shall  prescribe,  acts  and 
resolves  of  a  local,  special  or  private  nature,  and  orders  for 
the  carrying  out  of  provisions  of  existing  law,  but  all  such  acts, 
resolves  and  orders  shall  be  subject  to  alteration,  amendment  or 
repeal  by  the  general  court." 

After  further  debate  Mr.  Hart  of  Cambridge  moved  that  the 
amendment  be  amended  by  striking  out  the  word  ",  special". 

The  previous  question  was  then  ordered,  on  motion  of  Mr. 
Chandler  of  Somerville. 

On  motion  of  Mr.  Pillsbury  of  Wellesley  the  provisions  of  the 
standing  order  requiring  the  Chair  to  declare  a  recess  at  one 
o'clock  were  suspended. 

The  amendment  moved  by  Mr.  Hart  was  then  rejected;  and 
the  amendment  moved  by  Mr.  Wellman  was  rejected,  by  a  vote 
of  30  to  103. 

The  Convention  then  refused,  by  a  vote  of  55  to  94,  to  order 
the  resolution  to  a  third  reading. 

Mr.  Pillsbury  then  moved  that  a  recess  be  taken  until  two 
o'clock;  and  this  motion  prevailed. 


TUESDAY,  AUGUST  13,  1918.  793 

Accordingly,  at  one  o'clock,  the  Chair  (Mr.  Good)  declared  a  Recess, 
recess    until   two    o'clock;     at    which    hour   the    Convention   re- 
assembled, with  the  President  in  the  chair. 

The  Resolution  relative  to  procedure  in  petitioning  the  Gen-  General 
eral   Court   for   legislation   relating   to   local,   special   or   private  ^J^~ 
matters  (Doc.  No.  410)  was  read  a  second  time;    and  after  de-  for  special 
bate  the  Convention  refused,  by  a  vote  of  44  to  56,  to  order     glsls 
the  resolution  to  a  third  reading. 

The  Resolution  to  provide  for  the  regulation  of  advertising  Advertising  in 
in  public  places  (Doc.  No.  381)  was  read  a  third  time;  and  it  public  places. 
was  passed  to  be  engrossed. 

The  motion  that  Rule  35  be  suspended  on  the  Resolution  rela-  use  of  natural 
tive  to  the  use  of  natural  resources  (Doc.  No.  412)  (made  by  Mr.  resources. 
Balch  of  Boston  on  July  17)  was  considered. 

The  Convention  refused,  as  recommended  by  the  committee  on 
Rules  and  Procedure,  to  suspend  said  rule;  and  the  resolution 
was  placed  on  file. 

The  Resolution  relative  to  the  power  of  the  General  Court  to  construction 
limit  buildings  according  to  their  use  or  construction  to  specified  of 
districts  of  cities  and  towns  (Doc.  No.  386,  —  as  changed  by  the 
committee  on  Form  and  Phraseology  see  Doc.  No.  415)  was  read 
a  third  time;    and  it  was  passed  to  be  engrossed. 

The  following  order  was  rejected,  as  recommended  by  the 
committee  on  Amendment  and  Codification  of  the  Constitu- 
tion: — 

Ordered,   (1)  That    the  work   of    the    Massachusetts  Constitu-  submission 
tional  Convention  shall  take  the  form  of  a  main  constitution  and  * °  *h^ people 
of   a   series   of  separate   amendments,   to   be   designated   by   the  stitutkmand 

Convention.  amendments. 

(2)  That  the  main  constitution  shall  be  based  upon  the  present 
Constitution  and  the  amendments  now  in  force,  which  shall  be 
consolidated  and  arranged,  as  amended,  in  proper  subdivisions 
under  appropriate  titles,  omitting  all  articles,  clauses  and  words 
not  in  force,  and  making  no  other  changes  in  the  provisions,  and 
no  substantive  changes  in  the  language  thereof. 

(3)  That    the    main    constitution,    consolidated    and    arranged 
as  aforesaid,  and  the  separate  amendments  shall  be  submitted 
to  a  vote  of  the  people  in  such  form  that  the  main  constitu- 
tion and  each  of  the  separate  amendments  shall  be  voted  upon 
separately. 

(4)  That,  in  case  the  main  constitution  should  not  be  adopted, 
those  separate  amendments  that  shall  be  adopted  each  for  itself 
shall  become  amendments  and  parts  of  the  present  Constitution. 

The  Resolution  relative  to  service  on  certain  legislative  recess  Legislative 
committees    and    commissions    (Doc.    No.    389,    amended,  —  as  J^^0^ 
changed  by  the  committee  on  Form  and  Phraseology  see  Doc.  commissions. 
No.  418)  was  read  a  third  time. 

Mr.    Pillsbury    of    Wellesley    moved    that    the    resolution    be  Mr.  Piiisbury, 
amended  by  striking  out  lines  3  to  10,  inclusive,  and  inserting 
in  place  thereof  the  following:  — 


794 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Harriman, 
—  amendment. 


Mr.  Hobbs,  — 
amendments. 


Mr.  E.  W. 

Clark,  - 
amendment. 


Previous 
question. 
Amendment 
adopted. 


Compulsory 
voting. 

Previous 
question. 


Resolution 

ordered 

engrossed. 


"No  person  elected  to  the  general  court  shall  during  the  term 
for  which  he  was  elected  be  appointed  to  any  office  created  or 
the  emoluments  whereof  are  increased  during  such  term,  nor 
receive  additional  salary  or  compensation  for  service  upon  any 
recess  committee  or  commission  except  a  committee  appointed 
to  examine  a  general  revision  of  the  statutes  of  the  common- 
wealth when  submitted  to  the  general  court  for  adoption." 

Mr.  Harriman  of  New  Bedford  moved  that  the  resolution  be 
amended  by  striking  out  lines  3  to  10,  inclusive,  and  inserting 
in  place  thereof  the  following:  - 

"No  person  elected  to  either  branch  of  the  legislature  shall 
be  appointed  to  any  office  created  during  the  term  for  which 
he  is  elected.  No  recess  or  ad  interim  committee  shall  be 
authorized  by  the  general  court  or  by  either  branch  thereof, 
except  by  a  two-thirds  vote  taken  by  the  call  of  the  yeas  and 
nays." 

After  debate  Mr.  Buttrick  of  Lancaster  moved  the  previous 
question. 

There  being  no  objection  Mr.  Hobbs  of  Worcester  then  moved 
that  the  amendment  moved  by  Mr.  Harriman  be  amended  by 
inserting  before  the  words  "be  appointed  to  any  office",  the 
words  ",  during  the  term  for  which  he  is  elected,";  and  by 
striking  out  the  words  "the  term  for  which  he  is  elected",  and 
inserting  in  place  thereof  the  words  "such  term". 

There  being  no  objection  Mr.  Clark  of  Brockton  moved  that 
the  amendment  moved  by  Mr.  Harriman  be  amended  by  adding 
at  the  end  thereof  the  words  ",  and  in  no  one  year  shall  a  sum 
exceeding  twenty  thousand  dollars  be  paid  as  salaries  and  ex- 
penses of  recess  committees". 

The  previous  question  was  then  ordered. 

After  debate  the  amendment  moved  by  Mr.  Pillsbury  was 
adopted,  by  a  vote  of  97  to  50;  and  the  putting  of  the  questions 
on  the  remaining  amendments  was  thereby  precluded. 

Pending  the  question  on  passing  the  resolution,  as  thus 
amended  (Doc.  No.  422),  to  be  engrossed,  it  was  placed  in  the 
Orders  of  the  Day  for  the  next  session,  and  was  referred,  under 
Rule  28,  to  the  committee  on  Form  and  Phraseology. 

The  Resolution  relative  to  compulsory  voting  at  elections  (Doc. 
No.  282,  amended)  was  read  a  third  time. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Fitz-Randolph  of  Nantucket. 

After  further  debate  the  question  was  put  on  passing  the 
resolution  to  be  engrossed,  and  80  members  voted  in  the  affirma- 
tive and  80  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Knotts  of  Somerville;  and  on  the  roll  call 
96  members  voted  in  the  affirmative  and  90  in  the  negative,  as 
follows:  — 


YEAS. 


Messrs.  Anderson,  Frederick  L. 
Balch,  Francis  N. 
Bangs,  Francis  R. 


Messrs.  Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barrett,  James  T. 


TUESDAY,  AUGUST  13,  1918. 


795 


Messrs.  Bartlett,  Horace  I. 

Batchelder,  Albert  W. 
Bennett,  Frank  P. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Coogan,  Clement  F. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Curtis,  Edwin  U. 
Dale,  George  H. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Gates,  Joseph  S. 
Gay  lord,  Henry  E. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hutchings,  Henry  M. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Knotts,  J.  Franklin 

Messrs.  Adams,  Smith  J. 
Aylward,  James  F. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoe'l 
Brennan,  James  H. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bryant,  Lincoln 
Burns,  William  A. 
Chase,  Mial  W. 
Churchill,  George  B. 
Codman,  James  M.,  Jr. 


Messrs.  Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lynch,  John  C. 
Marshall,  Daniel  J. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Montague,  David  T. 
Nutting,  Edward  H. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stearns,  Harry  N. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Trefry,  William  D.  T. 
Walcott,  Robert 
Walker,  Joseph 
'  Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Cook,  Benjamin  A. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  .Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Donovan,  Daniel  R. 
Douglass,  John  J. 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gartland,  John  J. 


796 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Hall,  Elisha  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 
Kilbon,  John  L. 
Kinney,  William  S. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
Martin,  Martin  L. 
Mitchell,  Charles 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 


Messrs.  Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Peterson,  Patrick 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Reidy,  Michael  J. 
Richardson,  Edward  A. 
Ross,  Samuel 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Waterman,  George  B. 
Webster,  George  P. 
Whitehead,  James 
Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 


96  yeas;  90  nays. 


Conditions 
and  hours 
of  labor; 
minimum 
wage. 


Adjournment. 


Therefore  the  resolution  was  passed  to  be  engrossed. 

The  engrossed  Resolution  authorizing  the  General  Court  to 
pass  laws  regulating  and  restricting  the  hours  of  labor  (see  Doc. 
No.  390)  was  considered,  the  question  being  on  submitting  the 
proposal  to  the  people. 

Mr.  Loring  of  Beverly  asked  unanimous  consent  that  the  title 
be  changed  by  inserting  after  the  word  "regulating"  the  words 
"  the  conditions ",  and  by  adding  at  the  end  thereof  the  words 
"and  establishing  a  minimum  wage".  There  was  no  objection. 

After  debate,  at  half-past  four  o'clock,  under  the  provisions  of 
a  standing  order,  the  President  declared  the  Convention  ad- 
journed, to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


WEDNESDAY,  AUGUST  14,   1918.  797 


WEDNESDAY,  August  14,  1918. 

Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 
Prayer  was  offered  by  Rev.  Frederick  A.  Wilson  of  Andover. 

Leave  of  Absence. 

On  motion  of  Mr.  Hobbs  of  Worcester,  — 

Ordered,   That   Mr.   Logan  of  Worcester  be  granted  leave  of  James  Logan, 
absence,  under  Rule  13,  for  one  week,  on  account  of  necessary 
absence  from  the  Commonwealth  in  connection  with  government 
work. 

On  motion  of  Mr.  Wonson  of  Gloucester,  - 

Ordered,  That  Mr.  Merrill  of  Gloucester  be  granted  leave  of  George  Frye 
absence,  under  Rule  13,  for  one  week,  on  account  of  duties  in 
connection  with  war  work. 

Presentation  of  a  Soldier. 

The   President   introduced   Mr.    Charles   Buckley   6f   Billerica,  Charles 
member   of   Company   G,    104th   Regiment   of   Infantry,   United 
States  Army,  who  had  served  nearly  a  year  at  the  front,  losing 
his  left  arm,  and  was  about  to  return  to  France. 

Engrossed  Resolutions. 

Engrossed  resolutions  — 

Relative  to  compulsory  voting  at  elections  (see  Doc.  No.  282,  Compulsory 

jx  '   voting. 

amended); 

To  provide  for  the  regulation  of  advertising  in  public  places  Advertising  in 
(see  Doc.  No.  381);    and  public  places. 

Relative  to  the  power  of  the  General  Court  to  limit  buildings  Construction 
according  to   their  use  or  construction  to  specified  districts   of  restriction!3'  ~" 
cities  and  towns  (see  Doc.  No.  415); 

Were  severally  laid  before  the  Convention;  and  the  President 
stated  that  they  would  be  placed  in  the  Orders  of  the  Day  for 
the  next  session. 

Proposal  to  Amend  the  Constitution. 

Mr.  Pillsbury  of  Wellesley,  for  the  committee  on  Rules  and  oid-age 
Procedure,  to  whom  was  referred  the  motion  (made  by  Mr.  Harri-  pen 
man  of  New  Bedford  on  July  31)  that  Rule  35  be  suspended  on 
the   Resolution  providing  for  old-age   pensions  (Doc.  No.  423), 
reported   recommending   that  said   rule  be  not  suspended    [Mr. 
Ross  of  New  Bedford  dissenting]. 

Placed    in    the    Orders   of  the   Day  for    the  next  session,  the 
uestion  being  on  the  suspension  of  said  rule. 


798 


JOUKNAL  OF  THE   CONVENTION, 


Amendments 
of  the  Con- 
stitution, — 
identification. 


State  depart- 
ments, — 
co-ordination. 


State  com- 
missions, — 
supervising 
secretary. 


State  de- 
partments, — 
reorganization. 


Certain  state 
officers,  — 
appointment 
by  the  Gov- 
ernor. 

Departments 
of  govern- 
ment, — 
separation. 

Certain  state 
officers,  — 
appointment 
by  the  Gov- 
ernor. 


Certain  state 
officers,  — 
manner  of 
choice. 


Reports  of  Committees. 

By  Mr.  Hart  of  Cambridge,  for  the  committee  on  Amendment 
and  Codification  of  the  Constitution,  on  resolutions  Nos.  136  and 
137,  a  Resolution  providing  for  identifying  amendments  to  the 
Constitution  and  incorporating  them  in  the  text  thereof  (Doc.  No. 
425). 

The  resolution  was  read,  and  it  was  placed  in  the  Orders  of 
the  Day  for  the  next  session  for  a  second  reading. 

By  Mr.  Dutch  of  Winchester,  for  the  committee  on  State 
Administration,  that  the  Resolution  to  provide  for  efficient  govern- 
ment through  co-ordination  of  the  various  departments  (Doc. 
No.  120)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the 
Resolution  providing  for  a  supervising  secretary  of  all  state  com- 
missions, to  be  appointed  by  the  Governor  (Doc.  No.  122)  ought 
not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the 
Resolution  to  provide  for  the  future  reorganization  of  the  business 
and  public  service  departments  (Doc.  No.  274)  ought  not  to 
pass. 

By  Mr.  Robbins  of  Chelmsford,  for  the  same  committee,  that 
the  Resolution  relative  to  the  appointment  of  certain  officers  by 
the  Governor  (Doc.  No.  272)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Resolu- 
tion relative  to  the  separation  of  the  departments  of  government 
(Doc.  No.  273)  ought  not  to  pass. 

By  Mr.  Whitehead  of  Fall  River,  for  the  same  committee,  that 
the  Resolution  providing  that  the  Secretary  of  the  Common- 
wealth, Treasurer  and  Receiver-General,  Auditor  of  the  Common- 
wealth and  Attorney-General  be  appointed  by  the  Governor 
(Doc.  No.  56)  ought  not  to  pass. 

By  the  same  member,  for  the  same  committee,  that  the  Res- 
olution relative  to  the  manner  of  choice  of  Secretary  of  the  Com- 
monwealth, Treasurer  and  Receiver-General,  Auditor  of  the 
Commonwealth  and  Attorney-General  (Doc.  No.  118)  ought  not 
to  pass. 

The  resolutions  were  severally  placed  in  the  Orders  of  the  Day 
for  the  next  session,  the  question,  in  each  instance,  being  on  the 
rejection  of  the  proposal. 


Conditions 
and  hours 
of  labor; 
minimum 
wage. 


Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  engrossed  Resolution  authorizing  the  General  Court  to 
pass  laws  regulating  the  conditions  and  restricting  the  hours  of 
labor  and  establishing  a  minimum  wage  (see  Doc.  No.  390,  —  its 
title  having  been  changed),  being  the  unfinished  business  of  the 
preceding  session,  was  considered  further,  the  question  being  on 
submitting  the  proposal  to  the  people. 


WEDNESDAY,  AUGUST  14,  1918. 


799 


After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Chase  of  Lynn. 

On  the  question  on  submitting  the  proposal  to  the  people,  62 
members  voted  in  the  affirmative  and  76  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Proposal 
at  the  request  of  Mr.  Lowell  of  Newton;    and  on  the  roll  call  reject 
68  members  voted  in  the  affirmative  and   120  in  the  negative, 
as  follows:  — 

YEAS. 


Adams,  Brooks 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Batchelder,  Albert  W. 
Blackmur,  Paul  R. 
Boucher,  Joseph  Zoel 
Brown,  E.  Gerry 
Bullock,  William  J. 
Butler,  A.  Webster 
Clark,  Ezra  W. 
Coombs,  Zelotes  W. 
Creed,  James  F. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Dean,  Robert  A. 
Donovan,  Daniel  R. 
Dutch,  Charles  Frederick 
Flye,  Louis  Edwin 
Flynn,  Maurice  R. 
Gates,  Joseph  S. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Greenwood,  Hamlet  S. 
Hall,  Isaac  Freeman 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Kelley,  George  W. 
Kilbon,  John  L. 
Knotts,  J.  Franklin 
Linke,  Fred  R. 
Lowell,  James  A. 


Messrs.  Adams,  Charles  Francis 
Adams,  Smith  J. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barrett,  James  T. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Bauer,  Ralph  S. 
Benton,  Everett  C. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve,  Walter  L. 
Boyden,  Frank  L. 
Brine,  Henry  C. 


Messrs.  Luce,  Robert 

Lummus,  Henry  T. 
MacMaster,  Edward  A. 
Moran,  William 
Newhall,  Arthur  N. 
Nutting,  Edward  H. 
Parkman,  Henry 
Peirce,  Albion  G. 
Putnam,  Harry  B. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Richardson,  James  P. 
Ross,  Samuel 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shea,  John  T. 
Smith,  Jerome  S. 
Stoeber,  Charles 
Sullivan,  William  J. 
Sweet,  Joseph  L. 
Theller,  Ralph  L. 
Thompson,  Edward 
Underbill,  Charles  L. 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Webster,  Francis  E. 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Broderick,  Patrick  S. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burns,  William  A. 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Collier,  David  R. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 


800 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Creamer,  Walter  H. 

Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
French,  Asa  P. 
Frost,  Archie  N. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kinney,  William  S. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Lomasney,  Martin  M. 


Messrs.  Look,  William  J. 

Loring,  Augustus  P. 
Lowe,  Arthur  H 
Lyman,  Frank  E. 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Martin,  Martin  L. 
McAnarney,  John  W. 
Merriam,  John  M. 
Moore,  Charles  D.  C. 
Moriarty,  James  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connor,  John  D. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quinn,  Timothy  F. 
Robbins,  Edward  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Sheehan,  Christopher  A. 
Sherburne,  Nelson 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Walsh,  David  I. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Williams,  Fred  Homer 
Wing,  Herbert 


68  yeas;  120  nays. 


Therefore  the  Convention  refused  to  submit  the  proposal  to 
the  people. 

The  following  order  (offered  by  Mr.  Williams  of  Brookline  at 
the  preceding  session)  was  adopted;  and  Rule  18  was  thereby 
amended  accordingly:  — 

Ordered,  That  Rule  18  be  amended  by  adding  at  the  end 
thereof  the  words  "  :  provided,  however,  that,  in  debate  on  the 
questions  on  passing  a  resolution  to  be  engrossed  and  on  sub- 
mitting a  proposal  to  the  people,  members  shall  be  limited  to  five 
minutes  each  ". 

?etoeof  Sims5  Tne  Resolution  providing  for  a  state  budget  and  the  veto  by 
the  Governor  of  items  or  parts  of  items  in  appropriation  bills 
(Doc.  No.  416,  —  as  changed  by  the  committee  on  Form  and 
Phraseology  see  Doc.  No.  420)  was  passed  to  be  engrossed. 


Rule  18 
amended,  — 
debate  limited 
further. 


ation  bills. 


WEDNESDAY,  AUGUST  14,  1918. 


801 


The  Resolution  to  provide  for  biennial  elections  of  state  officers, 
councillors  and  members  of  the  General  Court  (Doc.  No.  126, 
amended,  —  as  changed  by  the  committee  on  Form  and  Phrase- 
ology see  Doc.  No.  421)  was  read  a  third  time. 

After  debate  (Mr.  Cox  of  Boston  being  in  the  chair)  Mr.  Wash- 
burn  of  Middleborough  moved  that  the  resolution  be  amended 
by  the  substitution  of  a  Resolution  to  provide  for  biennial 
elections  of  state  officers. 

After  further  debate  the  previous  question  was  ordered,  on 
motion  of  Mr.  Glazier  of  Hudson. 

The  amendment  was  then  rejected. 

On  the  question  on  passing  the  resolution  to  be  engrossed  the 
sense  of  the  Convention  was  taken  by  yeas  and  nays,  at  the 
request  of  Mr.  Mahoney  of  Boston;  and  on  the  roll  call  (the 
President  having  returned  to  the  chair)  116  members  voted  in 
the  affirmative  and  108  in  the  negative,  as  follows:  — 


Biennial 
elections. 


Mr.  A.  H. 
Washburn,  — 
amendment. 


Previous 
question. 


Resolution 
passed  to  be 
engrossed. 


YEAS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates.  Sanford 
Benton,  Everett  C. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bosworth,  Henry  H. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Brooks,  George  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Collier,  David  R. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Dale,  George  H. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Dresser,  Frank  F. 


Messrs.  Dutch,  Charles  Frederick 
Farns worth,  Frank  S. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Foss,  George  H. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harrington,  Patrick  H. 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Kelley,  George  W. 
Knotts,  J.  Franklin 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Nutting,  Edward  H. 
Parker,  George  S. 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 


802 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweet,  Joseph  L. 


Messrs.  Talbot,  Harry  R. 

Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


NAYS. 


Messrs.  Adams,  Scott 

Adams,  Smith  J. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Barrett,- James  T. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bruce,  Charles 
Bullock,  William  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Callahan,  Timothy  F. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Donovan,  Daniel  R. 
Driscoll,  Dennis  D. 
Driscoll,  Timothy  J. 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Jones,  George  R. 


Messrs.  Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenny,  Herbert  A. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lynch,  John  C. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morton,  James  M. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Quincy,  Josiah 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Stoeber,  Charles 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Thompson,  Edward 
Trefry,  William  D.  T. 
Walker,  George 


WEDNESDAY,  AUGUST  14,  1918.  803 

Messrs.  Walker,  Joseph  Messrs.  Whipple,  Sherman  L. 
Walsh,  David  I.  Whitehead,  James 

Washburn,  Charles  G.  Whittier,  Eugene  P. 

Waterman,  George  B.  Wing,  Herbert 

Webster,  George  P.  Wood,  Charles  J. 

116  yeas;  108  nays. 

Therefore  the  resolution  was  passed  to  be  engrossed. 

The  Resolution  relative  to  the  powers  and  responsibilities  of  Governor  and 
the  office  of  Governor  (Doc.  No.  311)  was  considered,  the  re-  Govern*" — 
maining  question,  under  the  vote  of  July  16,  being  on  ordering  t^o-year  term, 
proposal  No.  3  to  a  third  reading,  the  same  providing  for  a  two- 
year  term  for  Governor  and  Lieutenant-Go vernor;    and  the  Con- 
vention refused  to  order  the  proposal  to  a  third  reading. 

The  Resolution  relative  to  loaning  the  credit  of  the  Common-  Credit  of 
wealth  and  the  contracting  of  state  debt  (Doc.  No.  326,  amended,  *Z$£^*' 
—  as  changed  by  the  committee  on  Form  and  Phraseology  see  state  debt. 
Doc.  No.  419)  was  read  a  third  time;    and  after  debate  it  was 
passed  to  be  engrossed. 

The    Resolution    (recommitted)    to    prevent    the    granting    of  Special 
special  privileges  and  creating  class  distinction  among  the  people  SJJPcfSf 
of  this  Commonwealth  (Doc.  No.  308,  —  as  changed  by  the  com-  distinction. 
mittee  on  Form  and  Phraseology  see  Doc.  No.  392)   was  con- 
sidered, the  main  question  being  on  the  rejection  of  the  proposal, 
as  recommended  by  the  committee  on  Bill  of  Rights. 

Mr.    Underbill   of   Somerville   moved   that   the   resolution   be  Mr.  Underbill, 
amended  by  striking  out,  in  line  14,  the  words  "one  thousand",  ~ 
and  inserting  in  place  thereof  the  words  "seven  hundred  and 
fifty". 

After  debate  Mr.  Richardson  of  Newton  moved  that  a  recess  Recess. 
be  taken  until  two  o'clock;    and  this  motion  prevailed. 

Accordingly,  at  two  minutes  before  one  o'clock,  the  President 
declared  a  recess  until  two  o'clock;  at  which  hour  the  Convention 
reassembled. 

After  debate  (Mr.  Begley  of  Holyoke  being  in  the  chair)  Mr.  Mr.  Lomasney, 
Lomasney  of  Boston  moved  that  the  resolution  be  amended  by  -amendment, 
striking  out,  in  lines  10  and  11,  the  words  "upon  his  retirement 
from   public  office,   position   or  employment",   and  inserting  in 
place   thereof   the   words   ",   who   shall  hereafter  be  elected   or 
appointed   to   public   office,   position   or   employment,   upon   his 
retirement  therefrom". 

Mr.    Pillsbury    of    Wellesley    moved    that    the    resolution    be  Mr.  pnisbury, 
amended   by   striking   out,   in   lines    13   and   14,   the   words   "in  -amendment. 
amount  exceeding  the  rate  of  one  thousand  dollars  per  annum". 

Mr.    Walcott    of    Cambridge    moved    that    the   resolution    be  Mr.  Waicott,— 
amended  by  striking  out  lines  4  to  19,  inclusive,  and  inserting  in  amendment. 
place  thereof  the  following:  — 

"  Except  to  soldiers  and  sailors  honorably  discharged  from 
active  service  in  the  army  and  navy  in  the  time  of  war,  and  to 
their  dependents,  to  those  persons  now  in  receipt  of  pensions  and 
those  persons  holding  offices  for  which  pensions  are  provided,  no 
pension  or  gratuity  shall  be  granted  to  any  employee  or  official  of 


I 


804 


JOURNAL  OF  THE  CONVENTION, 


Mr.  Boucher, 
amendment. 


Previous 
question. 


Vote  on 
amendments. 


the  commonwealth  or  any  political  division  thereof  except  by 
general  law  upon  a  contributory  basis." 

After  further  debate  Mr.  Curtis  of  Revere  moved  the  previous 
question. 

There  being  no  objection  Mr.  Boucher  of  New  Bedford  then 
moved  that  the  resolution  be  amended  by  striking  out,  in  line  14, 
the  words  "one  thousand",  and  inserting  in  place  thereof  the 
words  "fifteen  hundred". 

After  further  debate  (the  President  having  returned  to  the 
chair)  the  previous  question  was  ordered. 

Mr.  Pillsbury  of  Wellesley  then  asked  unanimous  consent  to 
withdraw  his  amendment.  Objection  was  made  by  Mr.  Edwin 
U.  Curtis  of  Boston. 

The  amendment  moved  by  Mr.. Lomasney  was  adopted,  by  a 
vote  of  100  to  26;  and  the  amendment  moved  by  Mr.  Boucher 
(striking  out  the  words  "one  thousand",  and  inserting  in  place 
thereof  the  words  "fifteen  hundred")  was  rejected. 

The  question  was  then  put  on  allowing  the  words  "one  thou- 
sand" to  remain  in  the  resolution;  and  the  Convention  voted  in 
the  negative. 

The  amendment  moved  by  Mr.  Underhill  (striking  out  the 
words  "one  thousand",  and  inserting  in  place  thereof  the  words 
"seven  hundred  and  fifty")  was  then  rejected;  the  amendment 
moved  by  Mr.  Pillsbury  was  rejected;  and  the  amendment 
moved  by  Mr.  Walcott  was  adopted,  by  a  vote  of  97  to  55. 

The  proposal  embodied  in  the  resolution,  as  thus  amended,  was 
then  rejected,  by  a  vote  of  99  to  67. 

Previously  to  the  taking  of  the  votes  Mr.  Morton  of  Fall  River 
had  requested  to  be  excused  from  voting;  and  the  request  was 
granted. 

The  Resolution  to  provide  for  the  more  efficient  administration 
of  the  business  of  the  Commonwealth  (Doc.  No.  407)  was  read  a 
third  time. 

Mr.  Bates  of  Boston  moved  that  the  resolution  be  amended  by 
striking  out  lines  3  to  44,  inclusive,  and  inserting  in  place  thereof 
the  following:  — 

"  On  or  before  January  first,  nineteen  hundred  and  twenty-one, 
the  executive  and  administrative  work  of  the  commonwealth 
shall  be  organized  in  not  more  than  twenty  departments,  under 
such  supervision  and  regulation  as  the  general  court  may  from 
time  to  time  make  by  law.  Every  executive  and  administrative 
office,  board  and  commission  now  or  hereafter  established  to  do 
such  work,  excepting  offices  coming  directly  under  the  governor 
or  the  council,  shall  be  placed  in  one  of  such  departments." 

After  debate  the  amendment  was  adopted. 

Pending  the  question  on  passing  the  resolution,  as  amended 
(Doc.  No.  424),  to  be  engrossed,  it  was  placed  in  the  Orders  of 
the  Day  for  the  next  session,  and  was  referred,  under  Rule  28, 
to  the  committee  on  Form  and  Phraseology. 

ofet£e  General        The   Resolution   relative   to   appointment  of   members   of  the 
Court,—  General    Court    to    offices,    commissions    and   recess    committees 

appointments.  title  having  been  changed  by  the  committee 


Proposal 
rejected. 

Mr.  Morton 
excused 
from  voting. 


Administra- 
tion of  state 
business. 

Mr.  S.  Bates, 
amendment. 


WEDNESDAY,  AUGUST  14,  1918.  805 

on  Form  and  Phraseology)  was  considered,  the  question  being  on 
passing  it  to  be  engrossed. 

Mr.  Harriman  of  New  Bedford  moved  that  the  resolution  be 
amended  by  striking  out  lines  3  to  10,  inclusive,  and  inserting 
in  place  thereof  the  following:  — 

"No  person  elected  to  either  branch  of  the  legislature  shall, 
during  the  term  for  which  he  is  elected,  be  appointed  to  any 
office  created  during  such  term.  No  recess  or  ad  interim  com- 
mittee shall  be  authorized  by  the  general  court  or  by  either 
branch  thereof,  except  by  a  two-thirds  vote  taken  by  the  call 
of  the  yeas  and  nays." 

After  debate  Mr,  Richardson  of  Newton  moved  that  the  Con- 
vention adjourn;  and  this  motion  was  negatived. 

Mr.  Clark  of  Brockton  moved  that  the  amendment  moved  by  — 

Mr.   Harriman  be  amended   by  adding  at  the  end  thereof  the  amendment, 
words   ",   and   in   no   one   year   shall   a   sum   exceeding   twenty 
thousand    dollars    be    paid    as    salaries    and    expenses    of   recess 
committees". 

Mr.  Pillsbury  of  Wellesley  moved  that  the  provisions  of  the 
order  requiring  the  President  to  declare  adjournment  at  half- 
past  four  o'clock  be  suspended;  and  this  motion  was  adopted, 
by  a  vote  of  71  to  43. 

Mr.  Luce  of  Waltham  raised  the  point  of  order  that  a  quorum  Quorum, 
was  not  present.     A  count  of  the  Convention  showed  that  136 
members  were  present. 

Mr.  Creed  of  Boston  moved  that  the  Sergeant-at-Arms  be  re- 
quested to  secure  the  attendance  of  a  quorum;  and  this  motion 
prevailed. 

Mr.  Gaylord  of  South  Hadley  then  moved  that  the  Conven-  Adjournment, 
tion  adjourn;    and  this  motion  prevailed. 

Accordingly,    at   twenty-nine    minutes   past   four   o'clock,   the 
Convention  adjourned,  to  meet  to-morrow  at  half -past  ten  o'clock 
.M. 


806 


JOURNAL  OF  THE  CONVENTION, 


Truman  R. 
Hawley. 


THURSDAY,  August  15,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  William  J.  Martin,  D.D.,  of  Fall 
River. 

Leave  of  Absence. 

On  motion  of  Mr.  Flynn  of  Maiden,  — 

Ordered,  That  Mr.  Hawley  of  Maiden  be  granted  leave  of 
absence,  under  Rule  13,  from  and  after  August  13,  he  having 
entered  the  war  service  of  the  national  government. 


Captain  Roy 
A.  Daniels,  — 
admission  to 
the  floor. 


Admission  to  the  Floor  —  Captain  Roy  A.  Daniels. 

On  motion  of  Mr.  Frost  of  Lawrence,  — 

Voted,  That  admission  to  the  floor  be  granted  to  Captain 
Roy  A.  Daniels  of  Lawrence,  —  of  Battery  C,  102nd  Regiment 
of  Field  Artillery,  26th  Division  of  the  United  States  Army, 
Captain  Daniels  having  seen  active  service  on  the  Mexican 
border,  and  having  recently  returned  from  active  service  in 
France  to  be  assigned  temporarily  as  instructor  at  Camp  Meade, 
Maryland. 

Captain  Daniels  was  escorted  to  the  platform  by  Mr.  Gleason 
of  Andover,  was  introduced  by  the  President,  and  then  addressed 
the  Convention. 


Biennial 
elections. 


State  House 
carpenters,  — 
additional 
compensation. 


State  House 
scrubwomen,  - 
additional 
compensation. 


Remonstrance  Against  Biennial  Elections. 

The  President  presented  a  communication  from  the  chairman 
of  the  Legislative  Committee  of  the  Massachusetts  State  Branch 
of  the  American  Federation  of  Labor  and  the  Secretary  of  the 
Massachusetts  Civic  Alliance  remonstrating  against  submitting  to 
the  people  the  proposal  embodied  in  the  Resolution  to  provide 
for  biennial  elections  of  state  officers,  councillors  and  members 
of  the  General  Court  (see  Doc.  No.  421);  and  the  same  was 
placed  on  file. 

Compensation  of  Certain  State  House  Employees. 

On  motion  of  Mr.  Richardson  of  Newton,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and 
Pay-Roll  consider  the  propriety  of  compensating  the  carpenters 
employed  in  the  State  House,  on  account  of  extra  work  made 
necessary  by  the  holding  of  this  Convention;  such  carpenters 
not  having  been  included  in  the  compensation  voted  by  the 
Convention  to  State  House  employees  in  the  session  of  1917. 

On  motion  of  Mr.  James  H.  Brennan  of  Boston,  — 
Ordered,    That    the    committee    on    Contingent    Expenses    and 
Pay-Roil  consider  the  advisability  of  providing  such  additional 


THURSDAY,  AUGUST  15,  1918.  807 

compensation  as  they  may  deem  sufficient  for  the  scrubwomen 
employed  in  the  department  of  the  Sergeant-at-Arms  on  account 
of  increased  duties  in  connection  with  the  Convention. 

Proposal  to  Amend  the  Constitution. 

Mr.  Adams  of  Springfield  presented  a  Resolution  (accompany-  Connecticut 
ing  the  petition  of  Allen  Webster  and  others)  to  authorize  the 
expenditure   of  public  funds  for  the  improvement  of  the   Con- 
necticut river  in  the  State  of  Connecticut. 

The  same  member  moved  that  Rule  35  be  suspended;  and 
this  motion  was  referred,  under  Rule  56,  to  the  committee  on 
Rules  and  Procedure. 

Report  of  a  Committee. 

Mr.    Washburn    of    Middleborough,    for    the    committee    on  Rearrange- 
Amendment  and  Codification  of  the  Constitution,  on  resolutions 
Nos.  18  and  19,  and  on  an  order  (offered  by  Mr.  Fitz-Randolph 
of  Nan  tucket  and  adopted  on  August  15,  1917)  directing  the  com- 
mittee  to  consider  the  advisability  of  submitting  an  amendment  mittee- 
to  the  people  containing  minor  perfecting  amendments  not  of  a 
controversial  nature,  —  reported  recommending  the   adoption  of 
the  following  order:  — 

Ordered,  That  a  special  committee  on  Rearrangement  of  the 
Constitution,  to  consist  of  the  President  and  eighteen  other 
members  of  the  Convention  to  be  appointed  by  the  President, 
shall,  after  the  submission  to  the  people  of  all  the  amendments 
proposed  by  the  Convention,  arrange  the  Constitution,  as 
amended,  under  appropriate  titles  and  in  proper  parts,  chapters, 
sections  and  articles,  omitting  all  sections,  articles,  clauses  and 
words  not  in  force,  and  making  no  substantive  change  in  the 
provisions  thereof.  And  printed  copies  of  the  report  of  such 
committee,  containing  the  draft  and  arrangement  so  made  as 
aforesaid,  and  showing  in  detail  any  and  all  omissions  and  any 
and  all  alterations  in  punctuation  and  phraseology,  shall  be 
mailed  to  each  delegate  of  the  Convention;  and 

Ordered,  further,  That,  when  the  Convention  closes  its  present  Adjournment 
session,  it  shall  adjourn,  subject  to  call  by  the  President  or  Secre-  to  1919> 
tary,  to  meet  not  later  than  within  twenty  days  after  the  proroga- 
tion of  the  General  Court  of  1919,  for  the  purpose  of  taking  action 
upon  such  report.     Any  rearrangement  of  the  Constitution  with 
its  amendments,  made  and  adopted  by  the  Convention,  shall  be 
submitted    to   the    people  for  their   ratification   and    adoption  in 
such  manner  as  the  Convention  shall  direct. 

The  order  was  placed  in  the  Orders  of  the  Day  for  the  next 
session. 

Motions  to  Reconsider. 

Mr.  Sawyer  of  Ware  moved  that  the  vote  be  reconsidered  by  Biennial 
which  the   Convention,   at  the   preceding  session,   passed   to   be  el 
engrossed   the   Resolution   to   provide   for   biennial   elections    of 
state  officers,  councillors  and  members  of  the  General  Court  (see 
Doc.  No.  421). 

After  debate  the  motion  to  reconsider  was  negatived,  by  a 
vote  of  24  to  100. 


I 


808 


JOURNAL  OF  THE  CONVENTION, 


Special 
privileges 
and  class 
distinction. 


Mr.  Walcott  of  Cambridge  moved  that  the  vote  be  recon- 
sidered by  which  the  Convention,  at  the  preceding  session, 
rejected  the  proposal  embodied  in  the  Resolution  to  prevent  the 
granting  of  special  privileges  and  creating  class  distinction 
among  the  people  of  this  Commonwealth  (see  Doc.  No.  392, 
amended). 

After  debate  the  motion  to  reconsider  was  negatived. 


State  credit 
and  debt. 

State  budget; 
veto  of  items. 


Biennial 
elections. 


Certain  state 
officers,  — 
appointment. 

Id. 


Certain  state 
officers,  — 
manner  of 
choice. 

State  de- 
partments, — 
co-ordination. 

State  com- 
missions, — 
secretary. 
Depart- 
ments of 
government. 
State  de- 
partments, — 
reorganization . 


Historical  and 

antiquarian 

property. 

General 

Court,  — 

adjournments. 

Military 
affairs. 


Engrossed  Resolutions. 

Engrossed  resolutions  — 

Relative  to  loaning  the  credit  of  the  Commonwealth  and  the 
contracting  of  state  debt  (see  Doc.  No.  419); 

Providing  for  a  state  budget  and  the  veto  by  the  Governor 
of  items  or  parts  of  items  in  appropriation  bills  (see  Doc.  No. 
420);  and 

To  provide  for  biennial  elections  of  state  officers,  councillors 
and  members  of  the  General  Court  (see  Doc.  No.  421); 

Were  severally  laid  before  the  Convention,  and  the  President 
stated  that  they  would  be  placed  in  the  Orders  of  the  Day  for 
the  next  session. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

Resolutions  — 

Providing  that  the  Secretary  of  the  Commonwealth,  Treasurer 
and  Receiver-General,  Auditor  of  the  Commonwealth  and  At- 
torney-General be  appointed  by  the  Governor  (Doc.  No.  56); 

Relative  to  the  appointment  of  certain  officers  by  the  Gov- 
ernor (Doc.  No.  272); 

Relative  to  the  manner  of  choice  of  Secretary  of  the  Common- 
wealth, Treasurer  and  Receiver-General,  Auditor  of  the  Com- 
monwealth and  Attorney-General  (Doc.  No.  118); 

To  provide  for  efficient  government  through  co-ordination  of 
the  various  departments  (Doc.  No.  120); 

Providing  for  a  supervising  secretary  of  all  state  commissions, 
to  be  appointed  by  the  Governor  (Doc.  No.  122); 

Relative  to  the  separation  of  the  departments  of  government 
(Dec.  No.  273);  and 

To  provide  for  the  future  reorganization  of  the  business  and 
public  service  departments  (Doc*  No.  274); 

Were  severally  considered;  and  the  proposals  were  severally 
rejected,  as  recommended  by  the  committee  on  State  Adminis- 
tration. 

Engrossed  resolutions  — 

Relative  to  the  preservation  and  maintenance  of  property  of 
historical  and  antiquarian  interest  (see  Doc.  No.  393); 

Relative  to  adjournments  of  the  General  Court  (see  Doc. 
No.  394); 

Relative  to  the  powers  of  the  Commander-in-Chief  and  of  the 
General  Court  in  matters  concerning  the  militia  (see  Doc.  No. 
400); 


THURSDAY,  AUGUST   15,  1918.  809 

Relative  to  succession  to  the  offices  of  Governor  and   Lieu-  Governor  and 
tenant-Governor  in  cases  of  vacancies  in  those  offices  (see  Doc.  G£j£SS£*l. 

No.  401);  succession. 

Providing   that    women   shall   be   eligible   to   appointment   as 
notaries  public  (see  Doc.  No.  404);   and 

Relative  to  the  retirement  of  judicial  officers   (see  Doc.  No.  Judicial 

AIO\  officers,— 

Ttlo^,  retirement. 

Were  severally  considered;    and  the  Convention  voted,  in  each 
instance,  to  submit  the  proposal  to  the  people. 


The  Resolution  relative   to  appointment  of  members   of  the 
General    Court    to    offices,    commissions    and   recess   committees  c^urt?—  fap- 
(Doc.  No.  422,  —  its  title  having  been  changed),  being  the  un-  Pointments- 
finished  business  of  the  preceding  session,  was  considered  further, 
the  main  Question  being  on  passing  it  to  be  engrossed. 

Mr.  Clapp  of  Lexington  moved  that  the  resolution  be  amended 
by  striking  out,  in  lines  6  to  10,  inclusive,  the  words  ",  nor 
receive  additional  salary  or  compensation  for  service  upon  any 
recess  committee  or  commission  except  a  committee  appointed 
to  examine  a  general  revision  of  the  statutes  of  the  common- 
wealth when  submitted  to  the  general  court  for  adoption  ",  and 
inserting  in  place  thereof  the  words  ".  No  recess  or  ad  interim 
committee  shall  be  authorized  by  the  general  court  or  by  either 
branch  thereof,  except  by  a  two-thirds  vote  taken  by  call  of  the 
yeas  and  nays". 

There  being  no  objection  Mr.  Harriman  of  New  Bedford  with-  Amendments 
drew  the  amendment  previously  moved  by  him,  thus  nullifying  mth 
the  amendment  previously  moved  by  Mr.  Clark  of  Brockton. 

After  debate  Mr.  Foss  of  Springfield  moved  that  the  resolution  Mr.  FOSS,  — 
be  amended  by  adding  at  the  end  thereof  the  words  ",  except  ame 
that,  if  his  excellency  the  governor,  the  president  of  the  senate 
and  the  speaker  of  the  house  of  representatives  shall  deem  a 
proposition  to  be  one  of  public  necessity,  there  may  be  appointed 
one  recess  committee  the  members  of  which  shall  not  be  subject 
to  the  foregoing  restrictions". 

After  further  debate  the   previous  question  was   ordered,   on  Previous 
motion  of  Mr.  Chandler  of  Somerville. 

The  amendment  moved  by  Mr.  Foss  was  then  rejected. 

On  the  question  on  the  adoption  of  the  amendment  moved  by 
Mr.  Clapp,  81  members  voted  in  the  affirmative  and  69  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  id. 
at  the  request  of  Mr.  Leonard  of  Boston;    and  on  the  roll  call 
90  members  voted  in  the  affirmative  and  101    in    the  negative 
as  follows:  — 

YEAS. 

[essrs.  Adams,  Scott  Messrs.  Bodfish,  John  D.  W. 

Anderson,  George  W.  Boyden,  Frank  L. 

Avery,  Nathan  P.  Boyer,  Elmer  E. 

Bailey,  Charles  O.  Brine,  Henry  C. 

Bangs,  Francis  R.  Brown,  E.  Gerry 

Bassett,  Edmund  Buck,  Maurice  A. 

Bates,  Sanford  Bullock,  William  J. 

Benton,  Everett  C.  Burns,  William  A. 


810 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Burrell,  Fred  J. 

Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Collier,  David  R. 
Cox,  Guy  W. 
Creed,  James  F. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Doran,  James  P. 
Dutch,  Charles  Frederick 
Fitz-Randolph,  Reginald  T. 
Frost,  Archie  N. 
Gaylord,  Henry  E. 
Giddings,  Charles 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hutchings,  Henry  M. 
Jones,  George  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kilbon,  John  L. 
Kinney,  William  S. 
Lane,  Dwight  F. 


Messrs.  Langelier,  Louis  F.  R. 
Look,  William  J. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Luce,  Robert 
Lyman,  Frank  E. 
Mansfield,  John  J. 
Mitchell,  Charles 
Mitchell,  John 
Merrill,  Charles  H. 
Newhall,  Arthur  N. 
Parker,  Herbert 
Parkman,  Henry 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  Edward  A. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Stoeber,  Charles 
Sullivan,  Edmund  G. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Walker,  George 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  Francis  E. 
Webster,  George  P. 
Weekes,  George  LeRoy 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whitehead,  James 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 


NAYS. 


Messrs.  Adams,  Brooks 

Adams,  Charles  Francis 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bosworth,  Henry  H. 
Boucher,  Joseph  Zoel 
Bouv6,  Walter  L. 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Bryant,  Lincoln 
Butler,  A.  Webster 
Carr,  Edward 
Churchill,  George  B. 
Clark,  Ezra  W. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Crafts,  Lyman  A. 
Craven,  John  H. 


Messrs.  Creamer,  Walter  H. 

Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Driscoll,  Timothy  J. 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Finn,  E.  Philip 
Foss,  George  H. 
Fraser,  Eugene  B. 
Gartland,  John  J. 
Gates,  Joseph  S. 
George,  Samuel  W. 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Greenwood,  Hamlet  S. 
Hall,  Frederick  S. 
Harding,  Clarence  W. 
Hicks,  George  H. 
Horgan,  Francis  J. 
Johnson,  Charles  R. 
Keliher,  John  A. 
Kelly,  Luke  L. 


THURSDAY,  AUGUST  15,  1918.  811 

Messrs.  Kenefick,  Thomas  W.  Messrs.  Robbins,  Edward  J. 

Knotts,  J.  Franklin  Saunders,  Amos  T. 

Leonard,  Joseph  J.  Scigliano,  Alfred  P. 

Linke,  Fred  R.  Shanahan,  William  J. 

Lomasney,  Martin  M.  Shaw,  Michael  F. 

Maguire,  James  E.  Shea.  John  T. 

Mahoney,  John  J.  Sheehan,  Christopher  A. 

Marshall,  Daniel  J.  Sherburne,  Nelson 

McKeon,  Francis  P.  Smith,  Jerome  S. 

Michelman,  Joseph  Sparrell,  Ernest  H. 

Moore,  Charles  D.  C.  Sullivan,  Joseph  M. 

Moran,  William  Sullivan,  William  H. 

Moriarty,  James  T.  Sullivan,  William  J. 

Moynihan,  James  J.  Sweeney,  Edward  A. 

Myron,  John  F.  Sweet,  Joseph  L. 

Nestor,  Patrick  F.  Swig,  Louis 

Newton,  H.  Huestis  Theller,  Ralph  L. 

O'Connell,  John  J.  Thompson,  Edward 

O'Connell,  Joseph  F.  Thompson,  John  L. 

O'Connor,  John  D.  Walcott,  Robert 

Pelletier,  Joseph  C.  Walsh,  David  I. 

Peterson,  Patrick  Wonson,  Carl  ton  W. 

Pillsbury,  Albert  E.  Wood,  Charles  J. 
Quinn,  Timothy  F. 

90  yeas;  101  nays. 

Therefore  the  amendment  moved  by  Mr.  Clapp  was  rejected. 

Mr.  Gleason  of  Andover  moved  a  suspension  of  the  provisions  Recess 
of  the  standing  order  requiring  the  President  to  declare  a  recess  P°stP°ned- 
at  one  o'clock;   and  this  motion  prevailed. 

On  the  question  on  passing  the  resolution  to  be  engrossed,  77 
members  voted  in  the  affirmative  and  57  in  the  negative. 

Mr.  Feiker  of  Northampton  raised  the  point  of  order  that  a  Quorum. 
quorum  was  not  present.     A  count  of  the  Convention  showed 
that  142  members  were  present. 

Mr.  Sullivan  of  Salem  then  moved  that  a  recess  be  taken  until  Recess. 
quarter-past  two  o'clock;    and  this  motion  prevailed. 

Accordingly,  at  twelve  minutes  past  one  o'clock,  the  President 
declared  a  recess  until  quarter-past  two  o'clock;  at  which  hour 
the  Convention  reassembled. 

The  resolution  was  then  passed  to  be  engrossed. 

The  motion  that  Rule  35  be  suspended  on  the  Resolution  pro-  oid-age 
viding  for  old-age  pensions  (Doc.  No.  423)  (made  by  Mr.  Harri-  ^nsioils' 
man  of  New  Bedford  on  July  31)  was  considered.     The  Conven- 
tion refused,  as  recommended  by  the  committee  on  Rules  and 
Procedure,  to  suspend  said  rule;    and  the  resolution  was  placed 
on  file. 

The  Resolution  providing  for  identifying  amendments  to  the  Amendments 
Constitution  and  incorporating  them  in  the  text  thereof   (Doc.  j£*uSon°?-. 
No.  425)  was  read  a  second  time;   and  after  debate  the  resolution  identification. 
was  ordered  to  a  third  reading. 

The  engrossed  Resolution  relative  to  the  pardoning  power  (see  Pardoning 
Doc.  No.  395)  was  considered,  the  question  being  on  submitting  P°wer- 
the  proposal  to  the  people. 

Mr.  Loring  of  Beverly  moved  that  Rule  53  be  suspended,  that  Mr.  Loring,  — 
he  might  move  that  the  resolution  be  amended  by  striking  out  amendment- 


812 


JOURNAL  OF  THE  CONVENTION, 


Proposal 
rejected. 


Militia 
officers. 

Legislative 
bills,  — 
return. 


Grants, 
franchises, 
etc. 

Advertis- 
ing in  public 
places. 

Building  con- 
struction, — 
restrictions. 


Compulsory 
voting. 


Proposal 
rejected. 


the  words  ",  subject  to  the  restrictions  contained  in  Article  VIII 
of  Section  I  of  Chapter  II  of  the  constitution/'. 

After  debate  the  motion  to  suspend  the  rule  was  negatived; 
and  after  further  debate  the  Convention  refused  to  submit  the 
proposal  to  the  people. 

Engrossed  resolutions  — 

Relative  to  the  selection  of  officers  of  the  militia  (see  Doc. 
No.  399); 

Relative  to  the  return  by  the  Governor,  with  recommendations 
for  amendments,  of  bills  passed  by  the  General  Court  (see  Doc. 
No.  402); 

Relative  to  the  revocation  or  alteration  of  grants,  franchises, 
privileges  or  immunities  (see  Doc.  No.  414); 

To  provide  for  the  regulation  of  advertising  in  public  places 
(see  Doc.  No.  381);  and 

Relative  to  the  power  of  the  General  Court  to  limit  buildings 
according  to  their  use  or  construction  to  specified  districts  of 
cities  and  towns  (see  Doc.  No.  415); 

Were  severally  considered;  and  the  Convention  voted,  in  each 
instance,  to  submit  the  proposal  to  the  people. 

The  engrossed  Resolution  relative  to  compulsory  voting  at 
elections  (see  Doc.  No.  282,  amended)  was  considered,  the  ques- 
tion being  on  submitting  the  proposal  to  the  people. 

The  question  was  put,  and  89  members  voted  in  the  affirma- 
tive and  76  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Creed  of  Boston;  and  on  the  roll  call  104 
members  voted  in  the  affirmative  and  106  in  the  negative  as 
follows :  — 

YEAS. 


Adams,  Charles  Francis 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Bailey,  Charles  O. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Bartlett,  Horace  I. 
Batchelder,  Albert  W. 
Besse,  Harold  A. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brooks,  George  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 


Messrs.  Coe,  S.  Hamilton 
Collier,  David  R. 
Coolidge,  Louis  A. 
Cox,  Guy  W. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Dale,  George  H. 
Davis,  William  R. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Foss,  George  H. 
Frost,  Archie  N. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 


THURSDAY,  AUGUST  15,  1918. 


813 


Messrs.  Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hacks,  George  H. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Lane,  Dwight  F. 
Loring,  Augustus  P. 
Lowell,  James  A. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McAnarney,  John  W. 
McKeon,  Francis  P. 
Moore,  Charles  D.  C. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Ray,  Herbert  L. 


Messrs.  Richardson,  James  P. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shea,  John  M. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Thompson,  John  L. 
Underbill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Adams,  Smith  J. 
Aylward,  James  F. 
Bassett,  Edmund 
Bates,  Sanford 
Benton,  Everett  C. 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Chase,  Mial  W. 
Churchill,  George  B. 
Codman,  James  M.,  Jr. 
Cook,  Benjamin  A. 
Cooney,  Charles  P. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Daley,  Peter 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Donnelly,  James  P. 
Donovan,  Thomas  F. 
Douglass,  John  J. 
Driscoll,  Timothy  J. 
Finn,  E.  Philip 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 


Messrs.  Flynn,  Maurice  R. 
Fraser,  Eugene  B. 
Gallagher,  Daniel  J. 
Gartland,  John  J. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kilbon,  John  L. 
Linke,  Fred  R. 
Lomasney,  Martin  M. 
Look,  William  J. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 


814 


JOURNAL  OF   THE   CONVENTION, 


Messrs.  Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 


Messrs.  Stoeber,  Charles 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Wheeler,  William 
Whitehead,  James 
Wilson,  William  H. 
Wing,  Herbert 
Wonson,  Carlton  W. 


Adjourn- 
ment to 
August  20. 


104  yeas;  106  nays. 

Therefore  the  Convention  refused  to  submit  the  proposal  to 
the  people. 

Adjournment  to  August  20. 

Mr.  Washburn  of  Worcester  moved  that,  when  the  Convention 
adjourns  to-day,  it  adjourn  to  meet  on  Tuesday  next  at  half- 
past  ten  o'clock  A.M.;  and  this  motion  prevailed. 

Subsequently  Mr.  Lomasney  of  Boston  moved  that  the  Con- 
vention adjourn;  and  this  motion  prevailed. 

Accordingly,  at  thirteen  minutes  past  three  o'clock,  the  Conven- 
tion adjourned,  to  meet  on  Tuesday  next  at  half-past  ten  o'clock 
A'.M. 


TUESDAY,  AUGUST  20,  1918.  815 


TUESDAY,  August  20,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham, 
a  member  of  the  Convention. 

Leave  of  Absence. 

On  motion  of  Mr.  Adams  of  Springfield,  — 

Ordered,  That  the  absence  of  Mr.  Bosworth  of  Springfield,  made  Henry  H. 
necessary  by  the  death  of  an  intimate  friend,  be  excused,  under  Bosworth- 
Rule  13. 

Communication  from  the  Governor. 

A  communication  from  His  Excellency  the  Governor,  trans-  Report  of  the 
mitting  a  report  of  the  commission  appointed,  under  chapter  28  appSSSito 
of  the  general  acts  of  the  year  1917,  to  compile  information  and  compile  in- 

„    _, ,        ^ J  J .  formation  and 

data  for  the  use  ot  the  Convention,  was  read.  data  for  the 

On  motion  of  Mr.  Luce  of  Waltham  the  communication  and  Conventlon- 
report  were  referred  to  a  special   committee  of  three  members, 
to  be  appointed  by  the  President. 

Convention  Publications  for  the  University  of  Louvain. 

On  motion  of  Mr.  Anderson  of  Newton,  — 

Ordered,  That  a  complete  set  of  the  Convention's  publications  Convention 
be  deposited  with  the  State  Librarian  for  presentation  at  the  jSh?^!* 
conclusion  of  the  war  to  the  library  of  the  University  of  Louvain,  University^ 
as   a   contribution   from   the   Convention   to   the  restoration   of 
that  historic  institution. 

Compensation  of  Certain  State  House  Employees. 

On  motion  of  Mr.  Lyman  of  Easthampton,  — 

Ordered,    That    the    committee    on    Contingent    Expenses    and  ^"J^*^ 
Pay-Roll  consider  the  advisability  of  providing  for  compensat-  police  officers, 
ing  the  special  state  police  officers  assigned  for  duty  in  the  cor- 
ridors  of   the   State   House,   on   account  of  increased   duties  in 
connection  with  the  Convention. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent 
Expenses  and  Pay-Roll,  to  whom  were  referred  the  orders  (offered 
by  Mr.  Harriman  of  New  Bedford  on  August  13  and  by  Mr. 
Richardson  of  Newton  and  by  Mr.  James  H.  Brennan  of  Boston 
on  August  15)  relative  to  compensating  certain  employees  of  the 
State  House  for  additional  services,  —  reported  recommending 
the  adoption  of  the  following  order:  — 

Ordered,   That  the   matron   and   the  forewoman   of   the   State  Compensation 
House,   the   scrubwomen,    engineers,   firemen,    steamfitters,    elec-  stateSuse 
tricians,  oilers,  watchmen  and  porters  who  shall  be  certified  by  employees. 


816 


JOURNAL  OF  THE  CONVENTION, 


the  Sergeant-at-Arms  as  having  performed  additional  work  in 
connection  with  the  present  session  of  the  Convention,  shall  be 
allowed  one-half  the  amount  allowed  such  employees  for  the 
session  of  1917;  and  that  the  two  carpenters  (who  did  not 
receive  compensation  in  1917)  shall  each  be  allowed  $25  for  addi- 
tional duties  because  of  the  session  of  1918. 

The  order  was  considered  forthwith;   and  it  was  adopted. 


Connecticut 
river,  —  im- 
provement. 


Proposal  to  Amend  the  Constitution. 

Mr.  Pillsbury  of  Wellesley,  for  the  committee  on  Rules  and 
Procedure,  to  whom  was  referred  the  motion  (made  by  Mr. 
Adams  of  Springfield  on  August  15)  that  Rule  35  be  suspended 
on  the  Resolution  (accompanying  the  petition  of  Allen  Webster 
and  others)  to  authorize  the  expenditure  of  public  funds  for  the 
improvement  of  the  Connecticut  river  in  the  State  of  Connecticut 
(Doc.  No.  427),  —  reported  recommending  that  said  rule  be  not 
suspended,  understanding  that  the  only  purpose  of  the  proposed 
resolution  is  to  empower  the  Legislature  to  appropriate  money  to 
be  expended  beyond  the  limits  of  the  Commonwealth,  and 
knowing  of  no  limitation  upon  the  power  of  the  Legislature 
which  would  prevent  such  appropriation  if  approved  by  it. 

Placed  in  the  Orders  of  the  Day  for  the  next  session,  the 
question  being  on  the  suspension  of  said  rule. 


Records  of  the 
Convention,  — 
preparation, 
publication, 
distribution 
and  sale. 


Voters,  —  in- 
formation rela- 
tive to 
proposed 
amendments. 


Publication  and  Distribution  of  Records  of  the  Convention. 

The  following  order  was  offered  by  Mr.  Williams  of  Brookline; 
and  the  President  stated  that  it  would  be  placed  in  the  Orders 
of  the  Day  for  the  next  session:  — 

Ordered,  That  the  ranking  member  of  the  committee  on  Rules 
and  Procedure,  Mr.  Luce  of  Waltham,  be  requested  and  em- 
powered to  supervise  and  direct  the  further  preparation,  publica- 
tion, distribution  and  sale  of  the  records  of  the  Convention,  and 
be  authorized  to  approve  vouchers  for  the  expense  thereof; 

Ordered,  That  he  be  further  empowered,  with  the  approval  of 
the  President  of  the  Convention,  to  make  such  modifications  of 
the  order  adopted  June  21,  1917,  relating  to  the  distribution  and 
sale  of  the  volumes  containing  these  records,  as  may  prove  to  be 
desirable; 

Ordered,  That,  if  for  any  reason  the  President  of  the  Con- 
vention or  the  ranking  member  of  the  committee  on  Rules  and 
Procedure  cannot  exercise  the  powers  herein  delegated,  the 
Governor  and  Council  be  requested  and  authorized  to  exercise 
them. 

Information  for  the  Voters. 

Mr.  George  of  Haverhill,  for  the  committee  on  Amendment 
and  Codification  of  the  Constitution,  who  were  directed  (by  an 
order  offered  by  Mr.  Garland  of  Somerville  and  adopted  on  June 
20,  1917)  to  consider  the  advisability  of  causing  to  be  prepared, 
printed  and  mailed  to  the  voters  of  the  Commonwealth  before 
the  state  election  information  relative  to  proposed  amendments 
to,  and  codification  of,  the  Constitution  (having  considered  the 


TUESDAY,  AUGUST  20,  1918.  817 

same  sitting  jointly  with  the  committee  on  Rules  and  Proce- 
dure), reported,  in  part,  recommending  the  adoption  of  the  fol- 
lowing order:  — 

Ordered,  That  700,000  copies  of  the  pamphlet  containing  the 
full  text  of  the  several  amendments  of  the  Constitution  sub- 
mitted by  this  Convention  to  the  people  for  their  ratification  and 
adoption  at  the  state  election  to  be  held  November  5  next,  shall 
be  printed  and  shall  be  transmitted,  with  the  ballots  to  be  used 
at  the  state  primaries  on  September  24  next,  by  the  Secretary 
of  the  Commonwealth  to  the  city  and  town  clerks,  and  in  Bos- 
ton to  the  board  of  election  commissioners,  equal  in  number  to 
the  total  registered  voters  in  each  city  and  town;  and 

Ordered,  further,  That  the  city  and  town  clerks,  and  in  Boston 
the  board  of  election  commissioners,  are  respectfully  directed  to 
mail  forthwith  such  pamphlets  to  the  registered  voters;  and  the 
Secretary  of  the  Convention  is  directed  to  transmit  a  copy  of 
this  order  to  the  city  and  town  clerks,  and  to  the  board  of  election 
commissioners  in  Boston. 

The  order  was  placed  in  the  Orders  of  the  Day  for  the  next 
session. 

Motion  to  Reconsider. 

Mr.   Barrett   of   Cambridge   moved   that   the   vote   be   recon-  Compulsory 
sidered    by    which    the    Convention,    at    the    preceding    session, 
refused  to  submit  to  the  people  the  proposal  embodied  in  the 
engrossed  Resolution  relative  to  compulsory  voting  at  elections 
(see  Doc.  No.  282,  amended). 

After  debate  the  motion  to  reconsider  was  adopted,  by  a  vote 
of  127  to  67. 

The  President  having  stated  the  recurring  question  on  referring 
the  proposal  to  the  people,  Mr.  Webster  of  Haverhill  requested 
that,  on  the  foregoing  vote,  the  sense  of  the  Convention  be 
taken  by  yeas  and  nays. 

Mr.   Langelier  of  Quincy  raised  the  point  of  order  that  the  Point  of  order. 
request  of  the  member  from  Haverhill  had  been  made  too  late. 
The  President  declared  the  point  of  order  well  taken. 

After  deba'te  on  the  recurring  question  the   previous  question  Previous 
was  ordered,  on  motion  of  Mr.  Buttrick  of  Lancaster. 

On  the  question  on  submitting  the  proposal  to  the  people,  126 
members  voted  in  the  affirmative  and  71  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays,  Proposal  sub- 
at  the  request  of  Mr.  Webster  of  Haverhill;   and  on  the  roll  call  ° 

148  members  voted  in  the  affirmative  and  96  in  the  negative,  as 
follows:  — 

YEAS. 

Messrs.  Adams,  Smith  J.  Messrs.  Batchelder,  Albert  W. 

Anderson,  Frederick  L.  Bauer,  Ralph  S. 

Anderson,  George  W.  Bennett,  Frank  P. 

Bailey,  Charles  O.  Benton,  Everett  C. 

Bangs,  Francis  R.  Besse,  Harold  A. 

Barker,  Warren  S.  Blackmur,  Paul  R. 

Barnes,  Clarence  A.  Bodfish,  John  D.  W. 

Barnes,  George  L.  Bouve",  Walter  L. 

Barrett,  James  T.  Boyden,  Frank  L. 

Bartlett,  Horace  I.  Boynton,  Thomas  J. 


818 


JOUKNAL  OF  THE  CONVENTION, 


Brooks,  George  F. 
Brown,  Samuel  F. 
Bruce,  Charles 
Buck,  Maurice  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Clark,  Ezra  W. 
Coe,  S.  Hamilton 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Cummings,  Herbert  E. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Davis,  William  R. 
Day,  Charles  M. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Driscoll,  Dennis  D. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Foss,  George  H. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Hamilton,  Andrew  Foster 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Keliher,  John  A. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kenefick,  Thomas  W. 
Kinney,  William  S. 


Messrs.  Kneil,  Arthur  S. 

Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf ,  Telesphore 
Leonard,  Joseph  J. 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 
Lummus,  Henry  T. 
Lynch,  John  C. 
Mac  Master,  Edward  A. 
Marshall,  Daniel  J. 
McAnarney,  John  W. 
McCarthy,  Charles  F. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Merrill,  George  Frye 
Montague,  David  T. 
Moore,  Charles  D.  C. 
O'Connell,  Joseph  F. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Quincy,  Josiah 
Ray,  Herbert  L. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Shea,  John  M. 
Sherburne,  Nelson 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Sparrell,  Ernest  H. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sullivan,  William  H. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Tatman,  Charles  T. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Turner,  Joseph 
Underhill,  Charles  L. 
Walcott,  Robert 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 
Wood,  Charles  J. 


TUESDAY,  AUGUST  20,  1918. 


819 


NAYS. 


Messrs.  Adams,  Brooks 
Adams,  Scott 
Aylward,  James  F. 
Ballantyne,  John 
Bassett,  Edmund 
Bicknell,  Wallace  H. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoe'l 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Bullock,  William  J. 
Burns,  William  A. 
Charbonneau,  Henry  V. 
Codman,  James  M.,  Jr. 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creed,  James  F. 
Daley,  Peter 
Davis,  Elbridge  G. 
Dean,  Robert  A. 
Donovan,  Thomas  F. 
Dresser,  Frank  F. 
Fitz-Randolph,  Reginald  T. 
Flaherty,  William 
Flynn,  Maurice  R. 
Gartland,  John  J. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hart,  Albert  Bushnell 
Hobbs,  Clarence  W.,  Jr. 
Horgan,  Francis  J. 
Kelly,  Luke  L. 
Kilbon,  John  L. 


Messrs.  Lomasney,  Martin  M. 
Look,  William  J. 


Lufkin,  Willfred  W. 
Maguire,  James  E. 
Mancovitz,  David 
Mansfield,  John  J. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McLaud,  Abner  S. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  P. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Sullivan,  Joseph  M. 
Swig,  Louis 
Talbot,  Harry  R. 
Theller,  Ralph  L. 
Thompson,  Edward 
Walker,  George 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Wheeler,  William 
Whitehead,  James 
Wilson,  William  H. 
Wonson,  Carlton  W. 


148>eas;  96  nays. 

Therefore  the  Convention  voted  to  submit  the  proposal  to  the 
>ple. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  engrossed   Resolution  providing  for  a  state  budget  and 
the  veto  by  the  Governor  of  items  or  parts  of  items  in  appro-  inappropria- 
priation  bills  (see  Doc.  No.  420)  was  considered;    and  the  Con-  tr 
vention  voted  to  submit  the  proposal  to  the  people. 


I 


820 


JOURNAL  OF  THE  CONVENTION, 


Amendments 
to  the  Con- 
stitution, — 
identification. 


ication 
of  the  Const! 
tution,  — 
special 
committee. 


The  Resolution  to  provide  for  the  more  efficient  administra- 
tion  of  the  business  of  the  Commonwealth  (see  Doc.  No.  424,  — 
as  changed  by  the  committee  on  Form  and  Phraseology  see  Doc. 
No.  426)  was  considered;  and  after  debate  it  was  passed  to  be 
engrossed. 

The  Resolution  providing  for  identifying  amendments  to  the 
Constitution  and  incorporating  them  in  the  text  thereof  (Doc. 
No.  425)  was  read  a  third  time. 

After  debate  (Mr.  Sullivan  of  Salem  being  in  the  chair)  the 
Convention  refused  to  pass  the  resolution  to  be  engrossed. 

The  following  order  (reported  by  the   committee   on   Amend- 
ment and  Codification  of  the  Constitution)  was  considered:  — 
Rearrangement       Ordered.  That  a  special  committee  on  Rearrangement  of  the 

aoid  codification   -,          ...       ?  r  .    .         „     ,,         -n        -  j  i        •   i 

Constitution,  to  consist  of  the  President  and  eighteen  other 
members  of  the  Convention  to  be  appointed  by  the  President, 
shall,  after  the  submission  to  the  people  of  all  the  amendments 
proposed  by  the  Convention,  arrange  the  Constitution,  as 
amended,  under  appropriate  titles  and  in  proper  parts,  chapters, 
sections  and  articles,  omitting  all  sections,  articles,  clauses  and 
words  not  in  force,  and  making  no  substantive  change  in  the 
provisions  thereof.  And  printed  copies  of  the  report  of  such 
committee,  containing  the  draft  and  arrangement  so  made  as 
aforesaid,  and  showing  in  detail  any  and  all  omissions  and  any 
and  all  alterations  in  punctuation  and  phraseology,  shall  be 
mailed  to  each  delegate  of  the  Convention;  and 

Ordered,  further,  That,  when  the  Convention  closes  its  present 
session,  it  shall  adjourn,  subject  to  call  by  the  President  or 
Secretary,  to  meet  not  later  than  within  twenty  days  after  the 
prorogation  of  the  General  Court  of  1919,  for  the  purpose  of 
taking  action  upon  such  report.  Any  rearrangement  of  the 
Constitution  with  its  amendments,  made  and  adopted  by  the 
Convention,  shall  be  submitted  to  the  people  for  their  ratifica- 
tion and  adoption  in  such  manner  as  the  Convention  shall  direct. 

After  debate  the  order  was  adopted. 

andBtateddebt  ^e  engrosse(^  Resolution  relative  to  loaning  the  credit  of  the 
Commonwealth  and  the  contracting  of  state  debt  (see  Doc.  No. 
419)  was  considered;  and  the  Convention  voted  to  submit  the 
proposal  to  the  people. 

The  engrossed  Resolution  to  provide  for  biennial  elections  of 
state  officers,  councillors  and  members  of  the  General  Court  (see 
Doc.  No.  421)  was  considered;  and  on  the  question  on  submitting 
the  proposal  to  the  people  93  members  voted  in  the  affirmative 
and  67  in  the  negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Dennis  D.  Driscoll  of  Boston;  and  on  the 
roll  call  132  members  voted  in  the  affirmative  and  104  in  the 
negative,  as  follows:  — 

YEAS. 


Biennial 
elections. 


Id. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 


Messrs.  Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 


TUESDAY,  AUGUST  20,  1918. 


821 


Messrs.  Barnes,  George  L. 
Bartlett,  Horace  T. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
BickneU,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boynton,  Thomas  J. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Burns,  William  A. 
Burrell,  Fred  J. 
Butler,  A.  Webster 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Choate,  Charles  F.,  Jr. 
Churchill,  George  B. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 
Curtis,  Arthur  B. 
Cusick,  John  F. 
Dale,  George  H. 
Daly,  John  W. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Dutch,  Charles  Frederick 
Farnsworth,  Frank  S. 
Feiker,  William  H. 
Ferrey,  Irving  D. 
Ferry,  James  R. 
Flye,  Louis  Edwin 
Foss,  George  H. 
Fraser,  Eugene  B. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 


Messrs.  Hall,  Isaac  Freeman 

Hamilton,  Andrew  Foster 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hicks,  George  H. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kneil,  Arthur  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Lane,  Dwight  F. 
Langelier,  Louis  F.  R. 
Leboeuf,  Telesphore 
Linke,  Fred  R. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
MacMaster,  Edward  A. 
McLaud,  Abner  S. 
Merrill,  George  Frye 
Montague,  David  T. 
Moore,  Charles  D.  C. 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Rieutord,  Louis  O. 
Robbins,  Edward  J. 
Saunders,  Amos  T. 
Shattuck,  Josiah  B. 
Sherburne,  Nelson 
Smith,  Jerome  S. 
Stearns,  Harry  N. 
Stoneman,  David 
Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Underbill,  Charles  L. 
Walcott,  Robert 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
White,  John  A. 
Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Wilson,  William  H. 
Winslow,  Guy  M. 
Wonson,  Carlton  W. 


822 


JOURNAL  OF  THE  CONVENTION, 


NAYS. 


Messrs.  Adams,  Scott 

Avery,  Nathan  P. 
Aylward,  James  F. 
Ballantyne,  John 
Barrett,  James  T. 
Bauer,  Ralph  S. 
Bigney,  Robert  E. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brown,  E.  Gerry 
Callahan,  Timothy  F. 
Charbonneau,  Henry  V. 
Clark,  Ezra  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Cooney,  Charles  P. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creed,  James  F. 
Cummings,  Herbert  E. 
Daley,  Peter 
Davis,  Elbridge  G. 
Davis,  William  R. 
Day,  Charles  M. 
Donnelly,  James  P. 
Donovan,  Thomas  F. 
Driscoll,  Dennis  D. 
Fitz-Randolph,  Reginald  T. 
Flynn,  Maurice  R. 
Gartland,  John  J. 
Gleason,  Nesbit  G. 
Graumann,  John 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Harding,  Clarence  W. 
Harriman,  Arthur  N. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Kelly,  Luke  L. 
Kerr,  Alexander 
Kilbon,  John  L. 
Lomasney,  Martin  M. 
Lowe,  Arthur  H. 
Lowell,  James  A. 
Luce,  Robert 


Messrs.  Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
McCarthy,  Charles  F. 
McCormack,  John  W. 
Mclsaac,  Daniel  V. 
McKeon,  Francis  P. 
Merriam,  John  M. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moran,  William 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morto.n,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Richardson,  Edward  A. 
Ross,  Samuel 
Sawyer,  Roland  D. 
Scigliano,  Alfred  P. 
Shanahan,  William  J* 
Shaw,  Michael  F. 
Shea,  'John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Sullivan,  Joseph  M. 
Sullivan,  William  H. 
Swig,  Louis 
Thompson,  Edward 
Turner,  Joseph 
Walker,  George 
Walker,  Joseph 
Walsh,  David  I. 
Washburn,  Charles  G. 
Waterman,  George  B. 
Webster,  George  P. 
Whitehead,  James 
Wood,  Charles  J. 


Submission  of 
amendments 
to  the  people. 


132  yeas;  104  nays. 

Therefore  the  Convention  voted  to  submit  the  proposal  to  the 
people. 

Manner  of  Submitting  Amendments  to  the  People. 

The  following  reports  were  received  from  the  committee  on 
Rules  and  Procedure  and  the  committee  on  Amendment  and 
Codification  of  the  Constitution,  sitting  jointly,  who  were  re- 


I 


TUESDAY,  AUGUST  20,   1918.  823 

quested  (by  an  order  offered  by  Mr.  Washburn  of  Middle- 
borough  and  adopted  on  August  7)  to  report  orders  directing  the 
manner  in  which  the  several  proposals  to  amend  the  Constitu- 
tion shall  be  submitted  to  the  people  for  their  ratification  and 
adoption  at  the  next  state  election:  — 

By  Mr.  Mclsaac  of  Boston,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  two, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to  vote 
for  state  officers  may  give  in  their  vote  by  ballot  for  or  against 
said  Article  of  Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall   the  following   Article   of   Amendment   Rela-  2  Public  interest 

tive    to  the    Public    Interest    in    Natural  Resources,     YES.  resources. 

submitted    by    the    Constitutional    Convention,    be 
approved  and  ratified? 

ARTICLE    OF    AMENDMENT. 

The  conservation,  development  and  utilization  of  the  agri- 
cultural, mineral,  forest,  water  and  other  natural  resources  of 
the  commonwealth  are  public  uses,  and  the  general  court  shall 
have  power  to  provide  for  the  taking,  upon  payment  of  just 
compensation  therefor,  of  lands  and  easements  or  interests 
therein,  including  water  and  mineral  rights,  for  the  purpose  of 
securing  and  promoting  the  proper  conservation,  development, 
utilization  and  control  thereof  and  to  enact  legislation  necessary 
or  expedient  therefor." 

And  ordered  further,  That  the  method  prescribed  by  the  provi- 
sions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 


824  JOURNAL  OF  THE  CONVENTION, 

By  Mr.  Richarclson  of  Newton,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  three, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  - 

Sha11  the  following  Article  of  Amendment  to    Pro-  . 3_ 

places.  vide   for   the   Regulation   of   Advertising   in   Public 

Places,    submitted    by    the    Constitutional    Conven- 
tion, be  approved  and  ratified? 

ARTICLE    OF   AMENDMENT. 

Advertising  on  public  ways,  in  public  places  and  on  private 
property  within  public  view  may  be  regulated  and  restricted  by 
law." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Coughlan  of  Boston,  recommending  the  adoption  of 
the  following  order:  - 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  four, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
'  pared  and  transmitted  by  the  Secretary  of  the  Commonwealth 


TUESDAY,  AUGUST  20,   1918.  825 

to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to  vote 
for  state  officers  may  give  in  their  vote  by  ballot  for  or  against 
said  Article  of  Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  relative  4  Historical  and 

to  the  Preservation  and  Maintenance  of  Property  of     YES.  SSSSy^r 

Historical   and   Antiquarian   Interest,    submitted   by  '   Preservation- 

the    Constitutional    Convention,    be    approved    and          ^ 

ratified? 

ARTICLE    OF   AMENDMENT. 

The  preservation  and  maintenance  of  ancient  landmarks  and 
other  property  of  historical  or  antiquarian  interest  is  a  public  use, 
and  the  commonwealth  and  the  cities  and  towns  therein  may, 
upon  payment  of  just  compensation,  take  such  property  or  any 
interest  therein  under  such  regulations  as  the  general  court  may 
prescribe." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Creed  of  Boston,  recommending  the  adoption  of  the 
following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  five, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 


826 


JOURNAL  OF  THE  CONVENTION, 


Militia,  — 
selection  of 
officers. 


YES. 

NO. 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Court?-  Shall    the   following    Article    of    Amendment   rela-  5 

adjournments,  tive  to  Adjournments  of  the  General  Court,  sub- 
mitted by  the  Constitutional  Convention,  be  ap- 
proved and  ratified? 

ARTICLE    OF   AMENDMENT. 

The  general  court,  by  concurrent  vote  of  the  two  houses, 
may  take  a  recess  or  recesses  amounting  to  not  more  than 
thirty  days;  but  no  such  recess  shall  extend  beyond  the  six- 
tieth day  from  the  date  of  their  first  assembling." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913, 
as  amended  by  Chapter  one  hundred  and  nine,  General  Acts, 
1917,  for  the  transmission,  examination  and  tabulation  of  the 
returns  of  votes  cast  on  any  question  submitted  by  statute,  shall 
apply  to  the  transmission,  examination  and  tabulation  of  the 
returns  of  votes  cast  for  and  against  such  Article  of  Amend- 
ment. If  such  Article  of  Amendment  shall  appear  to  be  ap- 
proved by  a  majority  of  the  qualified  voters  voting  thereon, 
according  to  the  votes  returned,  examined  and  tabulated,  as 
herein  provided,  it  shall  be  deemed  and  taken  to  be  ratified 
and  adopted  by  the  people,  and  the  same  shall  be  enrolled  on 
parchment  and  deposited  in  the  Secretary's  office,  and  shall 
become  part  of  the  Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Washburn  of  Middleborough,  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  authorizing  the  General  Court  to  pre- 
scribe, subject  to  certain  restrictions,  the  manner  of  the  appoint- 
ment and  removal  of  military  and  naval  officers  to  be  commis- 
sioned by  the  Governor,  which  has  been  made  and  adopted  by 
this  Convention,  and  which  shall  be  numbered  six,  shall  be  sub- 
mitted to  the  people  for  their  ratification  and  adoption  by  print- 
ing the  following  question  upon  the  official  ballots  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Commonwealth 
for  the  state  election  to  be  held  on  the  fifth  day  of  November 
next,  at  which  said  places  all  persons  qualified  to  vote  for  state 
officers  may  give  in  their  vote  by  ballot  for  or  against  said 
Article  of  Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Shall  the  Article  of  Amendment  authorizing  the 
General  Court  to  prescribe,  subject  to  certain  restric- 
tions, the  manner  of  the  appointment  and  removal 
of  military  and  naval  officers  to  be  commissioned 
by  the  Governor,  submitted  by  the  Constitutional 
Convention,  be  approved  and  ratified?" 


6 


YES. 

NO. 

I 


TUESDAY,  AUGUST  20,  1918.  827 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes 
returned,  examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
Secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Washburn  of  Middleborough,  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  defining  the  powers  and  duties  of  the 
General  Court  relative  to  the  military  and  naval  forces,  and 
of  the  Governor  as  Commander-in-Chief  thereof,  which  has  been 
made  and  adopted  by  this  Convention,  and  which  shall  be 
numbered  seven,  shall  be  submitted  to  the  people  for  their  rati- 
fication and  adoption  by  printing  the  following  question  upon  the 
official  ballots  to  be  prepared  and  transmitted  by  the  Secretary 
of  the  Commonwealth  to  all  polling  places  established  by  law 
within  the  Commonwealth  for  the  state  election  to  be  held  on 
the  fifth  day  of  November  next,  at  which  said  places  all  persons 
qualified  to  vote  for  state  officers  may  give  in  their  vote  by 
ballot  for  or  against  said  Article  of  Amendment  in  the  following 
form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall    the    Article    of    Amendment    defining    the  7  Military  forces, 

ii-  (.!/->(  i    ,<"<  i       •  —  authority  of 

powers  and  duties  of  the  General  Court  relative  to      YES.  the  General 

the  military  and  naval  forces,  and  of  the  Governor 
as  Commander-in-Chief  thereof,  be  approved  and 
ratified?" 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 


828 


JOURNAL   OF  THE   CONVENTION, 


Governor  and 
Lieutenant- 
Governor,  — 
succession  to 
office. 


posited  in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  ^  Mr.  Washburn  of  Middleborough,  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  providing  for  the  succession,  in  cases  of 
vacancies  in  the  offices  of  Governor  and  Lieutenant-Governor, 
by  the  secretary,  attorney-general,  treasurer  and  receiver- 
general,  and  auditor,  in  the  order  named,  which  has  been  made 
and  adopted  by  this  Convention,  and  which  shall  be  numbered 
eight,  shall  be  submitted  to  the  people  for  their  ratification  and 
adoption  by  printing  the  following  question  upon  the  official 
ballots  to  be  prepared  and  transmitted  by  the  Secretary  of  the 
Commonwealth  to  all  polling  places  established  by  law  within  the 
Commonwealth  for  the  state  election  to  be  held  on  the  fifth  day 
of  November  next,  at  which  said  places  all  persons  qualified  to  vote 
for  state  officers  may  give  in  their  vote  by  ballot  for  or  against 
said  Article  of  Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  make  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  Article  of  Amendment  providing  for  the  g 

succession,  in  cases  of  vacancies  in  the  offices  of 
Governor  and  Lieutenant-Governor,  by  the  secre- 
tary, attorney-general,  treasurer  and  receiver-gen- 
eral, and  auditor,  in  the  order  named,  be  approved 
and  ratified?" 

And  ordered  further,  That  the  method  prescribed  by  the  provi- 
sions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply  to 
the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  ma- 
jority of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Washburn  of  Middleborough,  recommending  the 
adoption  of  the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  authorizing  the  Governor  to  return  to 


YES. 

NO. 

I 


TUESDAY,  AUGUST  20,  1918.  829 

the  General  Court  with  a  recommendation  for  amendment  bills 
and  resolves  which  have  been  laid  before  him,  which  has  been 
made  and  adopted  by  this  Convention,  and  which  shall  be  num- 
bered nine,  shall  be  submitted  to  the  people  for  their  ratification 
and  adoption  by  printing  the  following  question  upon  the  official 
ballots  to  be  prepared  and  transmitted  by  the  Secretary  of  the 
Commonwealth  to  all  polling  places  established  by  law  within 
the  Commonwealth  for  the  state  election  to  be  held  on  the  fifth 
day  of  November  next,  at  which  said  places  all  persons  qualified 
to  vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  Article   of   Amendment   authorizing  the  9  Legislative 

Governor   to   return   to   the   General   Court   with   a   I  YES.         1  by^ecS?0 

recommendation   for   amendment   bills    and   resolves ommendationa 

which  have  been  laid  before  him,  be  approved  and   | ''_ 

ratified?" 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public*  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Crossley  of  Fall  River,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  ten, 
shall  be  submitted  to  the  people  for  their  ratification  and  adop- 
tion, by  printing  the  same  upon  the  official  ballots,  to  be  pre- 
pared and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 


830 


JOURNAL  OF  THE  CONVENTION, 


Notaries 
public,  — 
women. 


Judicial 
officers,  — 
retirement. 


YES. 

NO. 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  provid- 
ing that  Women  shall  be  Eligible  to  Appointment  as 
Notaries  Public,  submitted  by  the  Constitutional 
Convention,  be  approved  and  ratified? 

ARTICLE    OF   AMENDMENT. 

Article  IV  of  the  articles  of  amendment  of  the  constitution  of 
the  commonwealth  is  hereby  amended  by  adding  thereto  the 
following  words:  —  Women  shall  be  eligible  to  appointment  as 
notaries  public.  Change  of  name  shall  render  the  commission 
void,  but  shall  not  prevent  reappointment  under  the  new  name." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Doran  of  New  Bedford,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered 
eleven,  shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  relative 
to  the  Retirement  of  Judicial  Officers,  submitted  by 
the  Constitutional  Convention,  be  approved  and 
ratified? 

ARTICLE    OF   AMENDMENT. 

Article  I  of  Chapter  III  of  Part  the  Second  of  the  constitution 
is  hereby  amended  by  the  addition  of  the  following  words :  —  and 


I 


TUESDAY,  AUGUST  20,  1918.  831 

provided  also  that  the  governor,  with  the  consent  of  the  council, 
may  after  due  notice  and  hearing  retire  them  because  of  ad- 
vanced age  or  mental  or  physical  disability.  Such  retirement 
shall  be  subject  to  any  provisions  made  by  law  as  to  pensions  or 
allowances  payable  to  such  officers  upon  their  voluntary  retire- 
ment." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes  re- 
turned, examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
Secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Garland  of  Somerville,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered 
twelve,  shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Common- 
wealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:- 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

Shall  the  following  Article  of  Amendment  relative  12  charters, 

to   the   Revocation   or   Alteration   of   Grants,   Fran-  I  YES.         1  £^u£and 
chises,   Privileges   or  Immunities,   submitted   by  the    -  "  corporation,— 

-,  . ,          NO.  revocation. 

Constitutional    Convention,    be   approved   and   ran-  I        

fied? 

ARTICLE    OF   AMENDMENT. 

Every  charter,  franchise  or  act  of  incorporation  shall  forever 
remain  subject  to  revocation  and  amendment." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 


832  JOURNAL  OF  THE  CONVENTION, 

to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Bolster  of  Boston,  recommending  the  adoption  of  the 
following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  thir- 
teen, shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Commonwealth 
to  all  polling  places  established  by  law  within  the  Commonwealth 
for  the  state  election  to  be  held  on  the  fifth  day  of  November 
next,  at  which  said  places  all  persons  qualified  to  vote  for  state 
officers  may  give  in  their  vote  by  ballot  for  or  against  said 
Article  of  Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No :  — 

strSn,-n"  Shall  the  following  Article  of  Amendment  relative 
restrictions.  to  the  Power  of  the  General  Court  to  Limit  Build- 
ings according  to  their  Use  or  Construction  to 
Specified  Districts  of  Cities  and  Towns,  submitted 
by  the  Constitutional  Convention,  be  approved  and 
ratified? 

ARTICLE    OF   AMENDMENT. 

The  general  court  shall  have  power  to  limit  buildings  accord- 
ing to  their  use  or  construction  to  specified  districts  of  cities 
and  towns." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913, 
as  amended  by  Chapter  one  hundred  and  nine,  General  Acts, 
1917,  for  the  transmission,  examination  and  tabulation  of  the 
returns  of  votes  cast  on  any  question  submitted  by  statute, 
shall  apply  to  the  transmission,  examination  and  tabulation  of 
the  returns  of  votes  cast  for  and  against  such  Article  of  Amend- 
ment. If  such  Article  of  Amendment  shall  appear  to  be  ap- 
proved by  a  majority  of  the  qualified  voters  voting  thereon, 
according  to  the  votes  returned,  examined  and  tabulated,  as 
herein  provided,  it  shall  be  deemed  and  taken  to  be  ratified  and 
adopted  by  the  people,  and  the  same  shall  be  enrolled  on  parch- 
ment and  deposited  in  the  Secretary's  office,  and  shall  become 
part  of  the  Constitution  of  this  Commonwealth. 


TUESDAY,  AUGUST  20,  1918.  833 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Williams  of  Brookline,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered  four- 
teen, shall  be  submitted  to  the  people  for  their  ratification  and 
adoption,  by  printing  the  same  upon  the  official  ballots,  to  be 
prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  fifth  day 
of  November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  relative 
to  Compulsory  Voting  at  Elections,  submitted  by 
the  Constitutional  Convention,  be  approved  and  rati- 
fied? 

ARTICLE    OF   AMENDMENT. 

The  general  court  shall  have  authority  to  provide  for  com- 
pulsory voting  at  elections,  but  the  right  of  secret  voting  shall 
be  preserved." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Walker  of  Brookline,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  limiting  the  power  of  the  General  Court 
to  lend  the  credit  of  the  Commonwealth  and  to  contract  loans, 
which  has  been  made  and  adopted  by  this  Convention,  and 
which  shall  be  numbered  fifteen,  shall  be  submitted  to  the 


834 


JOURNAL  OF  THE  CONVENTION, 


State  credit 
and  state  debt. 


State  budget; 
veto  of  items 
in  appro-  »*  -] 
priation  bills. 


people  for  their  ratification  and  adoption  by  printing  the  follow- 
ing question  upon  the  official  ballots  to  be  prepared  and  trans- 
mitted by  the  Secretary  of  the  Commonwealth  to  all  polling 
places  established  by  law  within  the  Commonwealth  for  the 
state  election  to  be  held  on  the  fifth  day  of  November  next,  at 
which  said  places  all  persons  qualified  to  vote  for  state  officers 
may  give  in  their  vote  by  ballot  for  or  against  said  Article  of 
Amendment  in  the  following  form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  - 

Shall  the  amendment  of  the  Constitution  limiting 
the  power  of  the  General  Court  to  lend  the  credit 
of  the  Commonwealth  and  to  contract  loans,  be  ap- 
proved and  ratified?  " 

And  ordered  further,  Tha.t  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  ma- 
jority of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Horgan  of  Boston,  recommending  the  adoption  of  the 
following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution 
of  the  Commonwealth,  providing  for  a  state  budget  and  the  veto 
by  the  Governor  of  items  or  parts  of  items  in  appropriation 
bills,  which  has  been  made  and  adopted  by  this  Convention, 
and  which  shall  be  numbered  sixteen,  shall  be  submitted  to  the 
people  for  their  ratification  and  adoption  by  printing  the  follow- 
ing question  upon  the  official  ballots  to  be  prepared  and  trans- 
mitted by  the  Secretary  of  the  Commonwealth  to  all  polling 
places  established  by  law  within  the  Commonwealth  for  the 
state  election  to  be  held  on  the  fifth  day  of  November  next, 
at  which  said  places  all  persons  qualified  to  vote  for  state 
officers  may  give  in  their  vote  by  ballot  for  or  against  said 
Article  of  Amendment  in  the  following  form,  to  wit :  - 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  —  * 

Shall  the  amendment  of  the  Constitution  provid- 
ing for  a  state  budget  and  the  veto  by  the  Governor 
of  items  or  parts  of  items  in  appropriation  bills  be 
approved  and  ratified?" 


YES. 

NO. 

I 


TUESDAY,  AUGUST  20,  1918.  835 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  qf  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Williams  of  Brookline,  recommending  the  adoption  of 
the  following  order:  — 

Ordered,  That  the  Article  of  Amendment  of  the  Constitution  of 
the  Commonwealth,  providing  for  biennial  elections  of  state 
officers,  councillors  and  members  of  the  General  Court,  which  has 
been  made  and  adopted  by  this  Convention,  and  which  shall  be 
numbered  seventeen,  shall  be  submitted  to  the  people  for  their 
ratification  and  adoption  by  printing  the  following  question  upon 
the  official  ballots  to  be  prepared  and  transmitted  by  the  Secre- 
tary of  the  Commonwealth  to  all  polling  places  established  by 
law  within  the  Commonwealth  for  the  state  election  to  be  held 
on  the  fifth  day  of  November  next,  at  which  said  places  all  per- 
sons qualified  to  vote  for  state  officers  may  give  in  their  vote  by 
ballot  for  or  against  said  Article  of  Amendment  in  the  following 
form,  to  wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  -  17  Bienn}al 

Shall  the  amendment  of  the  Constitution  providing  , —      ,  elections. 

for  biennial  elections  of  state  officers,  councillors  and 
members  of  the  General  Court,  be  approved  and 
ratified?" 

And  ordered  further,  That  the  method  prescribed  by  the  provi- 
sions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  Article  of  Amendment.  If  such 
Article  of  Amendment  shall  appear  to  be  approved  by  a  majority 
of  the  qualified  voters  voting  thereon,  according  to  the  votes 
returned,  examined  and  tabulated,  as  herein  provided,  it  shall  be 
deemed  and  taken  to  be  ratified  and  adopted  by  the  people,  and 
the  same  shall  be  enrolled  on  parchment  and  deposited  in  the 
Secretary's  office,  and  shall  become  part  of  the  Constitution  of 
this  Commonwealth. 


YES. 


NO. 


836 


JOURNAL  OF  THE  CONVENTION, 


Members  of 
the  General 
Court,  — 
appointments . 

Administration 
of  state 
business. 


And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

The  orders  were  severally  placed  in  the  Orders  of  the  Day  for 
the  next  session. 

Engrossed  Resolutions. 

Engrossed  resolutions  — 

Relative  to  appointment  of  members  of  the  General  Court  to 
offices,  commissions  and  recess  committees  (see  Doc.  No.  422); 
and 

To  provide  for  the  more  efficient  administration  of  the  business 
of  the  Commonwealth  (see  Doc.  No.  426); 

Were  severally  laid  before  the  Convention;  ajnd  the  President 
stated  that  the  resolutions  would  be  placed  in  the  Orders  of  the 
Day  for  the  next  session. 


Adjournment.        Mr>   Wellman  of  Topsfield  then  moved  that  the  Convention 
adjourn;    and  this  motion  prevailed. 

Accordingly,  at  four  minutes  before  one  o'clock,  the  Convention 
adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock  A.M. 


WEDNESDAY,  AUGUST  21,  1918.  837 


WEDNESDAY,  August  21,  1918. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Paul  Revere  Frothingham,  D.D., 
of  Boston. 

Reunion  Dinner  in  1919. 

On  motion  of  Mr.  Anderson  of  Newton,  — 

Ordered,   That  the  President  appoint  a  special  committee  of  Reunion  dinner 
five,  with  power  to  arrange  for  a  reunion  dinner  at  the  expense  1E 
of  the  members  of  the   Convention   in   connection  with  its  ad- 
journed session  of  next  year. 

Subsequently  the  President  appointed  as  the  committee  Mr.  special 
Anderson   and   Messrs.   Powers   of   Newton,   Sullivan   of   Salem,  committee- 
Bassett  of  Taunton  and  Tilton  of  Springfield. 

His  Excellency  the  Governor  Addresses  the  Convention. 

On  motion  of  Mr.  Edwin  U.  Curtis  of  Boston,  — 

Ordered,  That  His  Excellency,  Samuel  W.  McCall,  Governor  of  Governor 
the   Commonwealth,   and  the   Honorable  Council  be  invited  to  alidresLs  the 
attend  the  Convention  before  its  adjournment,  and  that  a  com-  Convention, 
mittee  of  eleven  be  appointed  to  ascertain  their  pleasure. 

The  President  appointed  as  the  committee  Mr.  Curtis  and 
Messrs.  Bangs  of  Boston,  Coombs  of  Worcester,  Cook  of  Fitch- 
burg,  Walker  of  New  Bedford,  Turner  of  Fall  River,  Wheeler  of 
Concord,  Look  of  Tisbury,  Brooks  of  Worcester,  Dale  of  Water- 
town  and  Shea  of  Dalton;  and  the  committee  proceeded  to  the 
discharge  of  its  duty. 

Subsequently  Mr.  Curtis,  for  the  committee,  reported  that 
they  had  extended  the  invitation  of  the  Convention,  and  that 
His  Excellency  had  accepted  the  invitation  for  himself  and  the 
Council,  and  had  stated  that  they  would  attend  upon  the  Con- 
vention immediately. 

Soon  afterwards  His  Excellency  the  Governor  and  the  Hon- 
orable Council  came  in,  escorted  by  the  Sergeant-at-Arms. 

The  President  then  introduced  His  Excellency,  who  addressed 
the  Convention  and  congratulated  the  members  upon  the  com- 
pletion of  their  labors. 

The  President  then  appointed  Messrs.  Good  of  Cambridge, 
Bergengren  of  Lynn  and  Begley  of  Holyoke  (members  in  military 
uniform)  as  a  special  committee  to  escort  His  Excellency  on  his 
return  to  the  executive  chamber. 

Report  of  the  Commission  Appointed  to  Compile  Information  for 

the  Convention. 

The  President  appointed  Messrs.  Luce  of  Waltham,  Sherburne  special 
of  West  Springfield  and  Kerr  of  Maiden  the  special  committee  committee- 
of  three  members  to  consider  the  communication  from  His  Ex- 


I 


838 


JOURNAL   OF  THE   CONVENTION, 


Report  of  the 
commission 
appointed  to 
compile  infor- 
mation and 
data  for  the 
Convention. 


cellency  the  Governor  transmitting  a  report  of  the  commission 
appointed,  under  chapter  28  of  the  general  acts  of  the  year  1917, 
to  compile  information  and  data  for  the  use  of  the  Convention. 

Subsequently  (Mr.  Kinney  of  Boston  being  in  the  chair)  Mr. 
Luce  of  Waltham,  for  the  special  committee,  reported  recom- 
mending the  adoption  of  the  following  order:  — 

Whereas,  The  work  of  the  commission  appointed  to  compile 
information  and  data  for  the  use  of  the  Convention  not  only  has 
been  of  material  help  to  the  Convention,  but  also,  in  our  judg- 
ment, is  a  valuable  contribution  to  the  literature  of  political 
science;  therefore  be  it 

Ordered,  That  a  record  be  made  of  our  appreciation  of  the 
worth  of  this  work,  as  well  as  of  the  assiduous  labors  of  the 
members  of  the  commission,  William  B.  Munro,  Lawrence  B, 
Evans  and  Roger  Sherman  Hoar;  and 

Ordered,  That  the  report  of  the  commission  and  the  message 
of  the  Governor  transmitting  i€  to  the  Convention  be  published 
as  the  final  number  of  the  commission's  bulletins,  and  that  five 
hundred  copies  be  printed  for  the  use  of  the  Convention. 

On  motion  of  Mr.  Luce  the  provisions  of  the  standing  order 
requiring  the  order  to  be  referred  to  the  committee  on  Rules 
and  Procedure  were  suspended;  and  the  order  was  adopted. 


Rearrangement 
of  the  Consti- 
tution, —  ex- 
penses of  the 
special  com- 
mittee. 


Expense  of  Rearranging  the  Constitution. 

On  motion  of  Mr.  Walker  of  Brookline,  — 

Ordered,  That  the  Secretary  of  the  Convention,  with  the  ap- 
proval of  the  President,  be  authorized  to  incur  such  expense  as 
may  be  necessary  in  connection  with  the  work  of  the  special 
committee  on  Rearrangement  of  the  Constitution. 


Constitution, 
codification 
after  amend- 
ment. 


Report  of  a  Committee. 

By  Mr.  Garland  of  Somerville,  for  the  committee  on  Amend- 
ment and  Codification  of  the  Constitution,  that  the  Resolution 
to  provide  for  the  codification  of  the  Constitution  after  amend- 
ment (Doc.  No.  17)  ought  not  to  pass. 

The  resolution  was  considered  forthwith,  under  a  suspension  of 
the  rule,  on  motion  of  the  same  member;  and  the  proposal  was 
rejected,  as  recommended  by  the  committee. 


Compensation 
of  special  state 
police  officers. 


Compensation  of  Certain  State  House  Employees. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent  Ex- 
penses and  Pay-Roll,  who  were  requested  (by  an  order  offered  by 
Mr.  Lyman  of  Easthampton  and  adopted  at  the  preceding  ses- 
sion) to  consider  the  advisability  of  providing  for  compensating 
the  special  state  police  officers  assigned  for  duty  in  the  corridors 
of  the  State  House,  on  account  of  increased  duties  in  connec- 
tion with  the  Convention,  —  reported  that  it  was  inexpedient  to 
compensate  said  officers,  for  the  reason  that  no  funds  were  avail- 
able. 

The  report  was  considered  forthwith;    and  it  was  accepted. 


WEDNESDAY,  AUGUST  21,  1918.  839 


Publication  of  a  Convention  Souvenir. 

The  following  order  was  offered  by  Mr.  Curtis  of  Revere:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  au-  Souvenir 
thorized  to  prepare  and  publish  a  suitable  souvenir  volume  of 
the  Convention,  making  use  therefor,  as  far  as  possible,  of 
material  gathered  and  prepared  by  Mr.  Arthur  M.  Bridgman;  also 
to  carry  out  any  contracts  for  such  a  souvenir  already  made  by 
said  Bridgman;  also  to  furnish  copies  of  said  souvenir  to  mem- 
bers who  have  not  already  made  contracts  with  said  Bridgman 
on  the  same  terms  as  those  already  made  by  him;  and  to  fur- 
nish a  copy  of  said  souvenir  to  each  free  public  library  in  the 
Commonwelth  at  a  price  not  exceeding  $  per  volume;  and 
in  any  other  way  it  may  deem  advisable  to  assist  in  the  prepa- 
ration of  such  a  volume,  in  order  that  there  may  be  preserved  a 
suitable  collection  for  historical  purposes  of  the  pictures  and  brief 
biographies  of  the  members  of  the  Convention  and  of  those 
directly  connected  with  its  sessions. 

After  debate  Mr.  Curtis  moved  that  the  order  be  amended  by 
adding  at  the  end  thereof  the  words  "  ;  provided,  however,  that 
this  order  shall  not  take  effect  except  in  case  of  the  death  or 
disability  of  the  author  of  said  volume  ". 

After  further  debate  Mr.  Underbill  of  Somerville  moved  that 
the  amendment  be  amended  by  adding  at  the  end  thereof  the 
words  ",  and  that  no  public  funds  shall  be  used  for  this  purpose". 

The  amendments  were  severally  adopted;  and  the  order,  as 
amended,  was  adopted,  as  follows:  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  be  au-  id. 
thorized  to  prepare  and  publish  a  suitable  souvenir  volume  of  the 
Convention,  making  use  therefor,  as  far  as  possible,  of  material 
gathered  and  prepared  by  Mr.  Arthur  M.  Bridgman;  also  to 
carry  out  any  contracts  for  such  a  souvenir  already  made  by 
said  Bridgman;  also  to  furnish  copies  of  said  souvenir  to  mem- 
bers who  have  not  already  made  contracts  with  said  Bridgman 
on  the  same  terms  as  those  already  made  by  him;  and  to  furnish 
a  copy  of  said  souvenir  to  each  free  public  library  in  the  Com- 
monwealth at  a  price  not  exceeding  $  per  volume;  and  in 
any  other  way  it  may  deem  advisable  to  assist  in  the  prepara- 
tion of  such  a  volume,  in  order  that  there  may  be  preserved  a 
suitable  collection  for  historical  purposes  of  the  pictures  and  brief 
biographies  of  the  members  of  the  Convention  and  of  those 
directly  connected  with  its  sessions;  provided,  however,  that  this 
order  shall  not  take  effect  except  in  case  of  the  death  or  dis- 
ability of  the  author  of  said  volume,  and  that  no  public  funds 
shall  be  used  for  this  purpose. 

Orders  of  the  Day. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Orders  of  the  Day. 

The  engrossed  Resolution  relative  to  appointment  of  members  Members  of 
of  the  General  Court  to  offices,  commissions  and  recess  commit-  c^?— ral 

appointments. 


840 


JOURNAL  OF  THE  CONVENTION, 


Previous 
question. 


Administration 
of  state 
business. 


Previous 
question. 


Connecticut 
river,  — 
improvement. 


Records  of  the 
Convention,  — 
preparation, 
publication, 
distribution 
and  sale. 


Appreciation 
of  the  work  of 
Robert  Luce. 


tees  (see  Doc.  No.  422)  was  considered,  the  question  being  on 
submitting  the  proposal  to  the  people. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Buttrick  of  Lancaster. 

After  further  debate  the  Convention  voted,  112  to  50,  to  sub- 
mit the  proposal  to  the  people. 

The  engrossed  Resolution  to  provide  for  the  more  efficient 
administration  of  the  business  of  the  Commonwealth  (see  Doc. 
No.  426)  was  considered,  the  question  being  on  submitting  the 
proposal  to  the  people. 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Clapp  of  Lexington. 

The  Convention  then  voted,  124  to  56,  to  submit  the  proposal 
to  the  people. 

The  motion  that  Rule  35  be  suspended  on  the  Resolution  to 
authorize  the  expenditure  of  public  funds  for  the  improvement 
of  the  Connecticut  river  in  the  State  of  Connecticut  (Doc.  No. 
427)  was  considered. 

The  Convention  refused,  as  recommended  by  the  committee  on 
Rules  and  Procedure,  to  suspend  said  rule;  and  the  resolution 
was  placed  on  file. 

The  following  order  (offered  by  Mr.  Williams  of  Brookline  at 
the  preceding  session)  was  adopted:  — 

Ordered,  That  the  ranking  member  of  the  committee  on  Rules 
and  Procedure,  Mr.  Luce  of  Waltham,  be  requested  and  em- 
powered to  supervise  and  direct  the  further  preparation,  publica- 
tion, distribution  and  sale  of  the  records  of  the  Convention,  and 
be  authorized  to  approve  vouchers  for  the  expense  thereof; 

Ordered,  That  he  be  further  empowered,  with  the  approval  of 
the  President  of  the  Convention,  to  make  such  modifications  of 
the  order  adopted  June  21,  1917,  relating  to  the  distribution  and 
sale  of  the  volumes  containing  these  records,  as  may  prove  to  be 
desirable; 

Ordered,  That,  if  for  any  reason  the  President  of  the  Con- 
vention or  the  ranking  member  of  the  committee  on  Rules  and 
Procedure  cannot  exercise  the  powers  herein  delegated,  the 
Governor  and  Council  be  requested  and  authorized  to  exercise 
them. 

There  being  no  objection  Mr.  Williams  of  Brookline  then  pre- 
sented the  following  resolution:  - 

Whereas,  The  committee  on  Rules  and  Procedure  of  the  Massa- 
chusetts Constitutional  Convention  for  1917  and  1918  was  au- 
thorized to  arrange  for  editing  and  preparing  for  publication  the 
proceedings  and  debates  of  the  Convention,  and,  after  careful 
consideration  and  inquiry,  decided  that  there  was  no  man  in  the 
Commonwealth  better  qualified  to  supervise  the  editing  thereof, 
as  regards  literary  ability  and  knowledge  of  political  and  consti- 
tutional history,  than  our  fellow  delegate,  Robert  Luce  of 
Waltham;  and 

Whereas,  Upon  its  request  he  undertook  the  work  as  a  matter 
of  duty  without  any  reward  save  that  of  the  satisfaction  which 


I 


WEDNESDAY,  AUGUST  21,  1918.  841 

comes  from  duty  conscientiously  and  efficiently  discharged,  and 
has  brought  to  bear  in  its  discharge  those  high  talents  which  have 
characterized  his  entire  work  in  this  Convention;  therefore  be  it 

Resolved,  That  the  Convention  hereby  expresses  to  him  its 
high  appreciation  of  the  generous  devotion,  effort  and  sacrifice  of 
time  in  the  highly  important  work  which  he  has  already  rendered 
and  will  continue  to  render  to  the  members  of  the  Convention 
and  which  will  accrue  to  the  benefit  of  all  who  hereafter  may  find 
the  reports  of  the  debates  in  this  Convention  matters  of  historical 
interest  and  value,  and  hereby  thanks  him  most  heartily  therefor. 

After  remarks  by  Mr.  Williams  and  by  Mr.  Pillsbury  of  Welles- 
ley,  the  resolution  was  unanimously  adopted  by  a  rising  vote. 

The  following  order,  reported  by  the  committee  on  Amendment 
and  Codification  of  the  Constitution  and  the  committee  on  Rules 
and  Procedure,  sitting  jointly,  was  adopted:  - 

Ordered,  That  700,000  copies  of  the  pamphlet  containing  the  voters,  — in- 
full   text  of  the  several   amendments  of  the   Constitution  sub-  JeiSi^to 
mitted  by  this  Convention  to  the  people  for  their  ratification  and  proposed 
adoption  at  the  state  election  to  be  held  November  5  next,  shall  ai 
be  printed  and  shall  be  transmitted,  with  the  ballots  to  be  used 
at  the  state  primaries  on  September  24  next,  by  the  Secretary 
of  the  Commonwealth  to  the  city  and  town  clerks,  and  in  Bos- 
ton to  the  board  of  election  commissioners,  equal  in  number  to 
the  total  registered  voters  in  each  city  and  town;  and 

Ordered,  further,  That  the  city  and  town  clerks,  and  in  Boston 
the  board  of  election  commissioners,  are  respectfully  directed  to 
mail  forthwith  such  pamphlets  to  the  registered  voters;  and  the 
Secretary  of  the  Convention  is  directed  to  transmit  a  copy  of 
this  order  to  the  city  and  town  clerks,  and  to  the  board  of  election 
commissioners  in  Boston. 

The  orders  (reported  at  the  preceding  session  by  the  committee  Manner  of 
on  Rules  and  Procedure  and  the  committee  on  Amendment  and  ^o^aj^fo 
Codification  of  the  Constitution,  sitting  jointly)  providing  for  the  the  people, 
manner  in  which  proposals  numbered  2  to  17,  inclusive,  shall  be 
submitted  to  the  people,  were  severally  adopted. 


Manner  of  Submitting  Amendments  to  the  People. 

The  following  reports  were  received  from  the  committee  on  Id 
Rules  and  Procedure  and  the  committee  on  Amendment  and 
Codification  of  the  Constitution,  sitting  jointly,  who  were  re- 
quested (by  an  order  offered  by  Mr.  Washburn  of  Middle- 
borough  and  adopted  on  August  7)  to  report  orders  directing  the 
manner  in  which  the  several  proposals  to  amend  the  Constitu- 
tion shall  be  submitted  to  the  people  for  their  ratification  and 
adoption  at  the  next  state  election:  — 

By  Mr.  Hart  of  Cambridge,  recommending  the  adoption  of  the 
following  order:  — 

Ordered,  That  the  following  Article  of  Amendment  of  the  Con- 
stitution of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered 
eighteen,  shall  be  submitted  to  the  people  for  their  ratification 


842 


JOURNAL  OF  THE  CONVENTION, 


Members  of 
the  General 
Court,  — 
appointments. 


YES. 

NO. 

and  adoption,  by  printing  the  same  upon  the  official  ballots,  to 
be  prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to 
vote  for  state  officers  may  give  in  their  vote  by  ballot  for  or 
against  said  Article  of  Amendment  in  the  following  form,  to 
wit:  — 

"To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  relative 
to  Service  on  Certain  Legislative  Recess  Committees 
and  Commissions,  submitted  by  the  Constitutional 
Convention,  be  approved  and  ratified? 

ARTICLE    OF   AMENDMENT. 

No  person  elected  to  the  general  court  shall  during  the  term 
for  which  he  was  elected  be  appointed  to  any  office  created  or 
the  emoluments  whereof  are  increased  during  such  term,  nor 
receive  additional  salary  or  compensation  for  service  upon  any 
recess  committee  or  commission  except  a  committee  appointed 
to  examine  a  general  revision  of  the  statutes  of  the  common- 
wealth when  submitted  to  the  general  court  for  adoption." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

By  Mr.  Cook  of  Northampton  (the  President  having  returned 
to  the  chair),  recommending  the  adoption  of  the  following 
order :  — 

Ordered,  That  the  following  Article  of  Amendment  of  the 
Constitution  of  the  Commonwealth,  which  has  been  made  and 
adopted  by  this  Convention,  and  which  shall  be  numbered 
nineteen,  shall  be  submitted  to  the  people  for  their  ratification 
and  adoption,  by  printing  the  same  upon  the  official  ballots,  to 
be  prepared  and  transmitted  by  the  Secretary  of  the  Common- 
wealth to  all  polling  places  established  by  law  within  the  Com- 
monwealth for  the  state  election  to  be  held  on  the  fifth  day  of 
November  next,  at  which  said  places  all  persons  qualified  to  vote 


WEDNESDAY,  AUGUST  21,  1918.  843 

for  state  officers  may  give  in  their  vote  by  ballot  for  or  against 
said  Article  of  Amendment  in  the  following  form,  to  wit:  — 

"  To  vote  on  the  following,  mark  a  Cross  X  in  the  square  at 
the  right  of  Yes  or  No:  — 

Shall  the  following  Article  of  Amendment  to  pro- 
vide  for  the  more  efficient  administration  of  the 
business  of  the  Commonwealth,  submitted  by  the 
Constitutional  Convention,  be  approved  and  rati- 
fied? 

ARTICLE    OF   AMENDMENT. 

On  or  before  January  first,  nineteen  hundred  twenty-one,  the 
executive  and  administrative  work  of  the  commonwealth  shall 
be  organized  in  not  more  than  twenty  departments,  in  one  of 
which  every  executive  and  administrative  office,  board  and 
commission,  except  those  officers  serving  directly  under  the 
governor  or  the  council,  shall  be  placed.  Such  departments  shall 
be  under  such  supervision  and  regulation  as  the  general  court 
may  from  time  to  time  prescribe  by  law." 

And  ordered  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  eight  hundred  and  thirty-five,  Acts,  1913,  as 
amended  by  Chapter  one  hundred  and  nine,  General  Acts,  1917, 
for  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  on  any  question  submitted  by  statute,  shall  apply 
to  the  transmission,  examination  and  tabulation  of  the  returns 
of  votes  cast  for  and  against  such  Article  of  Amendment.  If 
such  Article  of  Amendment  shall  appear  to  be  'approved  by  a 
majority  of  the  qualified  voters  voting  thereon,  according  to  the 
votes  returned,  examined  and  tabulated,  as  herein  provided,  it 
shall  be  deemed  and  taken  to  be  ratified  and  adopted  by  the 
people,  and  the  same  shall  be  enrolled  on  parchment  and  de- 
posited in  the  Secretary's  office,  and  shall  become  part  of  the 
Constitution  of  this  Commonwealth. 

And  ordered  further,  That  His  Excellency  the  Governor  shall 
thereupon  cause  public  proclamation  to  be  made,  announcing 
that  such  Article  of  Amendment  has  been  duly  ratified  and 
adopted  by  the  people  of  the  Commonwealth. 

The  orders  were  severally  considered  forthwith;  and  they  were 
severally  adopted. 

Recess. 

Mr.   Bailey  of  Newbury  then  moved  that  a  recess  be  taken  Recess, 
until  two  o'clock;    and  this  motion  prevailed. 

Accordingly,  at  twenty-three  minutes  before  one  o'clock,  the 
President  declared  a  recess  until  two  o'clock;  at  which  hour  the 
Convention  reassembled. 

Resolutions  of  Appreciation  of  Those  in  Military  and  Naval  Service. 

Mr.  Quincy  of  Boston  presented  the  following  resolutions :  — 

Resolved,   That,  before  adjourning,  the  members  of  this   Con-  France. 

stitutional  Convention  desire  to  express,  and  to  place  upon  their 

records,  their  deep  appreciation  of  the  services  which  members  of 

this  Convention,  their  sons  and  relatives,  with  a  great  and  hon- 


844  JOURNAL  OF  THE  CONVENTION, 

orable  company  of  other  citizens  of  this  Commonwealth,  are 
rendering  in  the  military  and  naval  service  of  our  country.  The 
presence  as  guests  of  this  Convention  of  many  distinguished  rep- 
resentatives of  other  nations  fighting  side  by  side  with  us  to 
establish  world  civilization  upon  a  secure  basis  of  justice  and 
right,  has  kept  vividly  before  our  minds  the  great  crisis  through 
which  the  whole  world  is  passing,  and  the  glorious  part  which  it 
has  now  become  the  lot  of  America  to  play  in  securing  for  others 
the  freedom  based  upon  democracy  through  which  she  herself 
has  so  prospered. 

Resolved,  That  we  .now  record  the  deep  and  special  sense  of 
pride  which  we  feel  in  the  part  which  Massachusetts  officers  and 
soldiers,  many  of  them  trained  in  the  militia  of  this  Common- 
wealth, have  been  privileged  to  play  during  this  historic  summer 
upon  the  battle  fields  of  France.  We  are  proud  of  the  spirit, 
worthy  of  the  great  traditions  of  this  ancient  Commonwealth, 
in  which  they  have  met  every  danger  and  trial,  advancing  to 
face  death,  in  the  words  of  their  commanding  French  general, 
"As  if  going  to  a  feast".  We  offer  our  respectful  sympathy  to 
the  families  of  all  those  patriotic  men  of  Massachusetts  who  have 
sacrificed  their  lives  in  upholding  on  foreign  soil  the  high  ideals 
for  which  America  stands. 

Resolved,  That,  in  this  hour  of  thankfulness  for  the  successful 
progress  of  the  allied  arms  upon  the  Western  front,  giving  full 
warrant  for  our  unshakeable  confidence  in  the  full  triumph  of 
the  great  cause  of  which  America  has  now  become  the  strongest 
support,  we  tender  to  the  heroic  people  of  France,  upon  whose 
soil  our  sons  are  fighting,  and  to  our  other  allies,  our  heartfelt 
congratulations  that  the  hour  of  imminent  peril  is  passing  by. 
We  express  to  our  brothers  in  war  and  in  peace  our  fraternal 
gratification  that  under  the  leadership  of  a  great  French  general, 
Marshal  Foch,  and  with  the  help  in  men  and  resources  which 
America  has  so  freely  and  gladly  placed  under  his  command,  the 
soil  of  France  is  now  in  process  of  being  set  free  from  the  foot 
of  the  ruthless  invader. 

After  remarks  by  Mr.  Quincy  the  resolutions  were  unanimously 
adopted. 

Resolutions  of  Appreciation  of  Convention  Officials. 

Mr.   Lowe   of   Fitchburg   being   in   the   chair,    Mr.   Walsh   of 
Fitchburg  presented  the  following  resolution:  - 
President  Resolved.   That   the   Constitutional   Convention   of   Massachu- 

Jonn  L.  Bates.  .  ,  ,       ,  -,  i          i      j 

setts  of  nineteen  hundred  seventeen  and  nineteen  hundred 
eighteen  hereby  tenders  to  the  Honorable  John  L.  Bates  the 
assurance  of  its  appreciation  of  the  distinguished  services  which 
he  has  given  to  The  Commonwealth  of  Massachusetts  in  the 
office  of  President  of  this  Convention;  and,  further,  the  delegates 
of  this  Convention  desire  to  publicly  record  their  recognition  of 
the  ability,  dignity  and  efficiency  with  which  he  has  discharged 
the  duties  imposed  upon  him,  and  to  thank  him  for  the  impar- 
tiality of  his  rulings  and  the  uniform  courtesy  he  has  shown  in 
his  official  and  personal  relations  with  all  the  members  of  this 
Convention. 


WEDNESDAY,  AUGUST  21,  1918.  845 

After  remarks  by  Mr.  Walsh  and  by  Messrs.  Parker  of  Lan- 
caster, Walker  of  Brookline,  Luce  of  Waltham  and  Cummings  of 
Fall  River  the  resolution  was  unanimously  adopted  by  a  rising 
vote. 

The  Chair  (Mr.  Lowe)  appointed  Messrs.  Dutch  of  Winchester 
and  Montague  of  Boston  a  committee  to  escort  the  President  to 
the  chair. 

Mr.  Lowe  then  presented  to  the  President  a  gold  watch  and 
chain,  the  gift  of  the  members  of  the  Convention;  and  the 
President  responded  in  a  short  address. 

The  President  being  in  the  chair,  Mr.  McAnarney  of  Quincy 
presented  the  following  resolutions:  — 

Resolved,  That  the  delegates  to  the  Massachusetts  Constitu-  Secretary 
tional  Convention  assembled  at  Boston,  on  this  twenty-first  day 
of  August,  1918,  do  hereby  tender  to  James  W.  Kimball,  Esq., 
their  sincere  and  grateful  appreciation  of  the  ability,  fidelity  and 
uniform  courtesy  with  which  he  has  so  efficiently  discharged  the 
duties  of  Secretary  of  the  Convention;  and  be  it  further 

Resolved,  That  these  resolutions  be  entered  upon  the  record  of 
the  Convention  and  an  engrossed  copy  thereof  be  presented  to 
him. 

After  remarks  by  Mr.  McAnarney  and  by  Mr.  Quincy  of 
Boston  the  resolutions  were  unanimously  adopted;  and  the  Sec- 
retary responded  briefly. 

Mr.  Bailey  of  Newbury  presented  the  following  resolutions :  — 

Resolved,  That  the  Massachusetts  Constitutional  Convention  Sergeant-at- 
as  it  is  about  to  conclude  its  labors  records  its  appreciation  of  the 
thoroughly  efficient  manner  in  which  Thomas  F.  Pedrick,  aided 
by  his  assistants,  has  discharged  his  duties  as  Sergeant-at-Arms 
of  this  Convention.  By  his  genial  and  manly  character  and 
sterling  worth  he  has  gained  the  sincere  and  warm  friendship  of 
all  the  members  of  the  Convention. 

Resolved,  That  this  resolution  be  spread  on  the  records  of  the 
Convention  and  that  the  Secretary  of  the  Convention  be  directed 
to  transmit  a  copy  to  Mr.  Pedrick. 

After  remarks  by  Mr.  Bailey  and  by  Mr.  Aylward  of  Cam- 
bridge the  resolution  was  unanimously  adopted;  and  the  Ser- 
geant-at-Arms responded  briefly. 


i 


Special  Committee  on  Rearrangement  of  the  Constitution. 

The  President  appointed  to  serve  with  him  as  the  special  com-  Special  com- 
mittee on  Rearrangement  of  the  Constitution  (under  the  provi- 
sions  of  an  order  adopted  at  the  preceding  session),  Messrs. 
Morton  of  Fall  River,  Pillsbury  of  Wellesley,  Walker  of  Brook- 
line,  Loring  of  Beverly,  Parker  of  Lancaster,  Hart  of  Cambridge, 
Washburn  of  Middleborough,  Cummings  of  Fall  River,  French 
of  Randolph,  Hibbard  of  Pittsfield,  Bolster  of  Boston,  Creed  of 
Boston,  Jones  of  Melrose,  Swig  of  Taunton,  Dresser  of  Worcester, 
Richardson  of  Newton,  Frost  of  Lawrence  and  Garland  of  Somer- 
ville. 


I 


846  JOURNAL  OF  THE  CONVENTION, 

Closing  Remarks  by  the  President. 

dosei^resident'8      GENTLEMEN  OF  THE  CONVENTION:  —  Before  we  separate  it  is 
remarks.  perhaps  well  that  I  should  briefly  state  the  work  which  has  been 

accomplished  by  the  Convention.  No  constitutional  convention 
had  met  in  this  State  for  a  period  of  sixty-four  years  prior  to  our 
coming  together.  To  us  there  were  submitted  more  than  three 
hundred  matters,  involving  all  the  principles  of  democratic  gov- 
ernment and  in  many  different  phases.  All  have  been  most 
carefully  considered.  Only  twenty-two  have  met  with  your  ap- 
proval. The  rest  have  been  rejected. 

Last  November  we  submitted  to  the  people  three  proposals 
of  amendment,  namely:  — 

1.  Absentee  voting. 

2.  Authorizing  the  Commonwealth  and  cities  and  towns  to  supply  the 
necessaries  of  life  in  times  of  war  and  public  exigency. 

3.  The  so-called  anti-aid  amendment. 

The  ratification  of  these  three  by  substantial  majorities,  not 
only  in  the  State  at  large  but  also  in  every  county  in  the  State, 
shows  how  well  they  expressed  the  prevailing  sentiments  of  the 
voters. 

The  "absentee  voting"  amendment  cured  a  long-standing  in- 
justice and  at  the  same  time  dignified  the  right  and  duty  to  vote 
by  making  it  no  longer  depend  upon  the  incidental  circumstance 
of  presence  at  home  on  the  day  of  an  election. 

The  amendment  enabling  the  government  of  the  Common- 
wealth to  supply  necessaries  of  life  in  cases  of  public  emergency 
was  born  of  the  demand  of  the  times,  and  gives  promise  of 
affording  relief  in  times  of  misfortune  and  stress. 

The  "anti-aid  amendment"  closely  binds  the  Convention  of 
1917-18  with  the  Convention  of  1853.  Had  that  body  solved 
the  question  of  the  relation  of  the  State  to  sectarian  institutions, 
we  should  have  been  spared  the  long  controversy  which  has  dis- 
turbed the  General  Court  through  so  many  sessions  and  which 
has  arrayed  various  groups  of  the  population  in  hostility  to  each 
other  and  threatened  the  peace  of  the  State.  Happily  the  way 
is  now  open  to  complete  harmony,  and  every  religious  body  may 
now  pursue  its  work  with  the  strength  born  of  the  confidence 
that  each  of  them  receives  every  privilege  under  the  law  which 
any  of  them  receive,  and  that  there  are  special  favors  for  none. 
The  opinion  has  been  quite  commonly  stated  in  the  press  that  if 
this  Convention  had  done  nothing  but  settle  this  question  it 
would  have  been  sufficient  to  have  justified  its  existence. 

In  addition  to  these  amendments  already  accepted  by  the 
people,  the  Convention  has  passed  for  submission  at  the  next 
election  nineteen  others,  which  will  appear  on  the  ballot  in  the 
following  order,  namely :  — 

1.  Amendment  to  provide  for  establishing  the  popular  initiative  and  refer- 
endum, and  the  legislative  initiative  of  specific  amendments  of  the  Constitution. 

One  of  the  longest  debates  in  American  political  history  took 
place  in  this  Convention  over  this  measure.  It  may  well  be 


WEDNESDAY,  AUGUST  21,  1918.  847 

doubted  if  the  principles  of  the  measure  were  ever  before  so 
thoroughly  discussed  by  any  body  of  men.  I  refrain  from  com- 
menting on  it.  The  fires  may  smoulder  but  they  still  burn,  and 
I  think  it  wise  not  to  risk  the  stirring  of  the  embers  of  twelve 
weeks  of  discussion.  If  adopted  by  the  people,  may  its  results 
justify  the  fond  hopes  of  its  advocates.  If  rejected,  may  the 
future  history  of  our  representative  form  of  government  show 
that  its  adoption  was  not  necessary  for  the  people's  protection. 

2.  Amendment  relative  to  the  public  interest  in  natural  resources. 

This  amendment  makes  possible  the  taking  by  right  of  eminent 
domain,  and  the  conservation,  development,  utilization  and  con- 
trol of  the  agricultural,  mineral,  forest,  water  and  other  natural  re- 
sources of  the  State  under  such  legislation  as  the  General  Court 
may  enact.  There  has  .been  a  wide  difference  of  opinion  as  to 
the  wisdom  of  this  resolution.  Its  adoption  by  the  people  is 
pregnant  with  great  possibilities  and  may  result  in  its  recog- 
nition hereafter  as  by  far  the  most  important  amendment  sub- 
mitted by  this  Convention  to  the  people.  They  will  give  it 
most  careful  consideration. 

3.  Amendment  to  provide  for  the  regulation  of  advertising  in  public  places. 

This  amendment,  adopted  by  a  large  majority  in  the  Convention, 
is  indicative  of  the  change  of  public  opinion  as  to  the  extent  to 
which,  in  the  interest  of  the  general  welfare,  it  is  proper  for  the 
State  to  interfere  with  the  use  of  private  property.  The  adoption 
of  this  amendment  will  make  possible  the  passage  of  laws  to 
prevent  the  disfiguring  of  boulevards,  parks  and  beautiful  land- 
scapes by  unsightly  advertising. 

4.  Amendment  relative  to  the  preservation  and  maintenance  of  property  of 
historical  and  antiquarian  interest. 

This  amendment  may  be  of  a  minor  character,  but  is  of  much 
interest.  Its  adoption  will  enable  the  State  and  cities  and  towns, 
through  the  exercise  of  the  right  of  eminent  domain,  to  preserve 
and  maintain  ancient  landmarks  and  historical  property.  Our  re- 
spect for  the  noble  past  of  Massachusetts  will  cause  this  amend- 
ment to  be  adopted,  to  the  end  that  those  things  of  priceless 
worth  associated  with  our  honored  history  may  be  preserved  to 
tell  their  inspiring  story  to  the  generations  that  follow  us. 

5.  Amendment  relative  to  adjournments  of  the  General  Court. 

The  present  provision  of  the  Constitution  which  prevents  the 
adjournment  of  the  General  Court  for  more  than  two  days  at  a 
time  tends  to  retard  its  progress  at  the  beginning  of  its  annual 
session  by  preventing  the  committees  from  holding  continued  and 
all-day  hearings.  This  amendment  will  enable  it  during  the  first 
sixty  days  of  any  session  to  take  a  recess  or  recesses  amounting 
to  not  more  than  thirty  days,  so  as  to  give  committees  oppor- 
tunity for  work.  There  would  seem  to  be  no  valid  objection  to 
the  adoption  of  this  amendment,  and  its  adoption  will  tend  to 
expedite  the  business  of  the  Legislature. 


I 


848  JOURNAL  OF  THE  CONVENTION, 

6.  Amendment  relative  to  the  selection  of  officers  of  the  militia. 

7.  Amendment  relative  to  the  powers  of  the  Commander-in-Chief  and  of 
the  General  Court  in  matters  concerning  the  militia. 

The  sections  of  the  Constitution  dealing  with  the  militia  were 
formulated  before  the  adoption  of  the  federal  constitution,  and 
the  situation  to  which  they  applied  no  longer  exists.  These  two 
amendments  are  intended  to  adapt  our  militia  system  to  the  rela- 
tions which  now  obtain  between  the  state  and  federal,  govern- 
ments. There  should  be  no  substantial  opposition  to  them. 

8.  Amendment  relative  to  succession  to  the  offices  of  Governor  and  Lieu- 
tenant-Go vernor  in  cases  of  vacancies  in  those  offices. 

This  amendment  provides  for  the  order  of  succession  in  case 
the  offices  of  Governor  and  Lieutenant-Governor  should  become 
vacant  at  the  same  time.  The  present  provision  of  the  Consti- 
tution, that  in  such  a  contingency  the  office  of  Governor  shall 
devolve  upon  the  Council,  is  cumbersome  and  unworkable.  The 
amendment  which  we  recommend  provides  that  the  office  shall 
devolve  upon  the  Secretary,  Attorney-General,  Treasurer  and  Re- 
ceiver-General, and  Auditor,  in  the  order  named.  If  the  unanim- 
ity of  the  Convention  on  this  matter  correctly  represents  the 
views  of  the  people,  this  amendment  will  be  very  nearly  unani- 
mously adopted. 

9.  Amendment  relative  to  the  return  by  the  Governor,  with  recommenda- 
tions for  amendment,  of  bills  passed  by  the  General  Court. 

The  Convention  believes  it  to  be  wise,  as  provided  by  this 
resolution,  to  allow  the  Governor  to  return  to  the  General  Court 
any  bill  which  he  is  unwilling  to  sign,  with  a  statement  of  changes 
which  would  remove  his  objections.  This  has  in  rare  instances 
been  done  by  governors,  but  there  being  no  authority  for 
such  action  in  the  Constitution,  legislators  have  sometimes  re- 
sented it  as  an  unwarranted  interference  with  the  General  Court. 
It  seems  to  the  Convention,  however,  that  such  communications 
from  the  Governor  might  facilitate  legislation,  and  that  he  ought 
to  be  vested  with  definite  authority  to  pursue  such  a  course. 

10.  Amendment  providing  that  women  shall  be  eligible  to  appointment  as 
notaries  public. 

There  is  nothing  in  the  duties  of  a  notary  public  that  cannot 
be  discharged  by  women  equally  as  well  as  by  men.  In  these 
days  when  women  are  so  rapidly  assuming  the  duties  and  doing 
the  work  of  men  in  all  the  varied  callings  of  life  no  further  ex- 
planation of  this  amendment  is  necessary.  No  reason  has  been 
presented  to  the  Convention  why  this  resolution  should  not  be 
submitted  to  the  people,  and  it  will  undoubtedly  meet  with  their 
approval. 

11.  Amendment  relative  to  the  retirement  of  judicial  officers. 

Long  discussions  in  the  Convention  and  in  the  press  have  failed 
to  disclose  any  widespread  need  for  a  radical  revision  of  our 
judiciary  system.  The  only  change  that  the  Convention  has 


WEDNESDAY,  AUGUST  21,   1918.  849 

thought  it  desirable  to  recommend  is  this  provision  whereby  the 
Governor  and  Council  may,  after  due  notice  and  hearing,  retire 
any  judge  because  of  advanced  age  or  mental  or  physical  dis- 
ability. 

12.  Amendment  relative  to  the  revocation  or  alteration  of  grants,  franchises, 
privileges  or  immunities. 

This  amendment  makes  certain  that  the  people  shall  retain 
the  right  to  revoke  or  alter  the  privileges  granted  to  private  cor- 
porations. The  bare  statement  of  this  amendment  carries  with 
it  its  own  justification,  and  it  will  be  approved  by  all  who  be- 
lieve that  it  is  unwise  for  the  State  ever  to  grant  to  private  cor- 
porations privileges  that  cannot  be  revoked  when  the  public  good 
requires  it. 

13.  Amendment  relative  to  the  power  of  the  General  Court  to  limit  build- 
ings according  to  their  use  or  construction  to  specified  districts  of  cities  and 
towns. 

The  adoption  of  this  amendment  will  make  it  possible  to  divide 
cities  and  towns  into  building  zones,  and  to  limit  the  use  and  con- 
struction of  buildings  therein,  and  thereby  protect  residential  dis- 
tricts from  invasions  by  manufacturing  and  mercantile  business. 

14.  Amendment  relative  to  compulsory  voting  at  elections. 

This  amendment  empowers,  but  does  not  require,  the  General 
Court  to  pass  legislation  to  compel  voters  to  exercise  the  right 
of  franchise. 

15.  Amendment  relative  to  lending  the  credit  of  the  Commonwealth  and  the 
contracting  of  loans. 

This  amendment  is  intended  to  prevent  the  lending  of  the  credit 
of  the  State  to  private  enterprises,  and  imposes  wholesome  safe- 
guards on  the  contracting  of  loans.  In  view  of  the  vast  ex- 
penditure entailed  by  the  war,  it  is  believed  that  the  adoption 
of  this  measure  will  be  a  timely  means  of  protecting  the  public 
credit. 

16.  Amendment  providing  for  a  state  budget  and  the  veto  by  the  Governor 
of  items  or  parts  of  items  in  appropriation  bills. 

At  the  last  session  of  the  General  Court  an  excellent  statute 
was  enacted  providing  for  a  state  budget  system.  The  Con- 
vention, however,  has  deemed  it  wise  to  recommend  a  constitu- 
tional provision  on  the  subject  because  certain  essential  features 
of  a  satisfactory  budget  system  are  not  at  present  within  the 
power  of  the  General  Court  to  provide.  Such  a  system  should 
require  that  the  executive,  who  is  responsible  for  carrying  on  the 
business  of  the  State,  should  ascertain  the  needs  of  the  state  de- 
partments, should  learn  what  revenues  are  available  and  should 
recommend  to  the  General  Court  a  systematic  plan  covering  both 
the  revenue  and  the  expenditures  of  the  ensuing  year.  The 
budget  bill  enacted  by  the  Legislature  last  April  makes  adequate 
provision  for  these  features,  but  since  the  General  Court,  after 


I 


850  JOURNAL  OF  THE  CONVENTION, 

considering  the  recommendations  of  the  Governor,  may  enact  a 
general  appropriation  bill  widely  different  from  that  recom- 
mended by  the  Governor,  he  should  be  empowered  to  act  in- 
dependently upon  each  item  of  the  bill  and  not  be  compelled  to 
accept  or  reject  the  measure  as  a  whole.  The  veto  power  of  the 
Governor  as  now  limited  in  the  Constitution  does  not  permit  this, 
and  hence  the  Convention  recommends  the  adoption  of  this 
amendment  setting  forth  the  outlines  of  a  budget  system  and 
authorizing  the  Governor  to  act  on  each  item  in  an  appropriation 
bill  as  if  it  were  a  separate  measure.  This  plan  will  commend 
itself  to  the  sound  business  sense  of  the  people. 

17.  Amendment  to  provide  for  biennial  elections  of  state  officers,  councillors 
and  members  of  the  General  Court. 

Massachusetts  has  long  had  the  lonely  distinction  of  .being  the 
only  State  in  the  Union  which  thought  it  wise  to  choose  its 
officers  for  a  term  of  but  a  single  year,  and  there  are  only  two 
other  states  which  elect  a  House  of  Representatives  annually. 
The  general  abandonment  of  annual  elections  throughout  the 
country  and  the  satisfactory  results  thought  to  be  obtained  from 
longer  terms  of  office  are  advanced  as  an  argument  in  favor  of 
the  change  which  this  Convention  recommends.  It  is  also  urged 
by  those  who  favor  this  amendment  that  elections  cost  the  State 
and  campaign  committees  a  large  sum  annually,  which  might 
be  saved  in  alternate  years,  with  the  added  advantage  of  free- 
dom of  business  from  political  turmoil  and  greater  efficiency 
of  public  servants.  It  is  unfortunate  that  in  discussions  of  the 
subject  it  is  generally  assumed  that  biennial  elections  and  bien- 
nial sessions  of  the  Legislature  go  together.  There  is  no  neces- 
sary connection  between  the  two,  and  they  rest  upon  entirely 
different  considerations.  The  Convention's  resolution  providing 
for  biennial  elections  expressly  provides  that  the  General  Court 
shall  assemble  annually. 

18.  Amendment  relative  to  appointment  to  office  and  service  on  certain 
legislative  recess  committees  and  commissions. 

Obviously,  new  offices  must  from  time  to  time  be  created,  and 
the  amendment  which  we  submit  imposes  no  restriction  upon  the 
judgment  of  the  General  Court  as  to  the  necessity  for  them  or 
for  recess  committees.  By  providing,  however,  as  this  amendment 
does,  that  no  member  of  the  General  Court  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  to  any  office  created  dur- 
ing such  term,  or  receive  additional  compensation  for  service 
upon  any  recess  committee,  except  on  occasion  of  the  periodical 
revision  of  the  general  statutes,  we  remove  an  obvious  temptation 
to  the  creation  of  offices  or  committees  which  are  unnecessary. 

19.  Amendment  to  provide  for  the  more  efficient  administration  of  the 
business  of  the  Commonwealth. 

The  reorganization  of  the  executive  branch  of  the  government 
has  received  long  consideration.  The  multitude  of  independent 
boards  and  commissions  not  directly  responsible  to  the  Governor 


WEDNESDAY,  AUGUST  21,  1918.  851 

has  been  often  criticised  as  not  ideal  in  theory  and  as  likely  to  pro- 
duce unsatisfactory  results  in  practice.  This  amendment  provides 
for  the  organization  of  all  the  executive  and  administrative  work 
of  the  State  in  not  more  than  twenty  departments,  within  one  of 
which  every  executive  board,  commission  and  officer  shall  be 
placed. 

Of  the  nineteen  resolutions  thus  to  be  submitted  at  the  state 
election  in  November,  it  may  safely  be  said  that  the  final  large 
vote  by  which,  after  careful  consideration,  fifteen  of  them  were 
adopted  in  the  Convention  justifies  the  belief  that  these  at  least 
will  be  accepted  by  the  voters.  The  attitude  of  the  public  in 
regard  to  the  remaining  four,  namely,  the  first,  second,  fourteenth 
and  seventeenth,  being  the  resolutions  in  regard  to  the  initia- 
tive and  referendum,  natural  resources,  compulsory  voting,  and 
biennial  elections,  may  not  be  so  clear.  They  had  not  that  unan- 
imity of  final  approval  in  the  Convention  that  would  indicate 
their  certain  acceptance  by  the  people.  Nevertheless,  it  is  just 
and  fair  for  me  to  state  that  every  amendment  goes  to  the  people 
with  the  recommendation  of  a  working  majority  of  this  Con- 
vention. 

If  we  compare  the  work  of  this  Convention  with  that  of  the 
conventions  of  1820  and  of  1853,  one  striking  contrast  is  at  once 
apparent.  The  Convention  of  1820  submitted  fourteen  amend- 
ments to  the  people,  only  one  of  which  purported  to  confer  any 
additional  power  upon  the  General  Court.  The  Convention  of 
1853  submitted  seven  amendments,  besides  the  numerous  changes 
embodied  in  a  revised  draft  of  the  Constitution.  Not  one  of  these 
propositions  involved  the  conferring  of  any  additional  power 
upon  the  General  Court.  If  we  turn  to  the  resolutions  which 
this  Convention  has  recommended,  it  will  be  noticed  that  a 
number  of  them  enlarge  the  power  of  the  General  Court,  while 
only  a  few  of  them  impose  restrictions.  The  outlook  upon  gov- 
ernment has  changed.  The  Constitution  of  1780  was  framed 
upon  the  assumption  that  officials  might  abuse  any  authority 
with  which  vested.  Therefore  an  elaborate  series  of  checks 
and  balances  was  arranged  for  the  protection  of  the  public. 
Experience  has  shown,  however,  that  such  fear  of  abuse  of  au- 
thority was  not  well  founded,  and  at  the  same  time  there  has 
been  a  growing  conviction  that  the  field  of  governmental  activity 
should  be  expanded  and  within  that  field  the  organs  of  govern- 
ment should  be  allowed  large  freedom  of  action.  These  changes 
in  public  sentiment  are  reflected  in  the  work  of  this  Convention, 
which,  if  ratified  by  the  people,  will  remove  many  restrictions 
that  now  attach  to  official  action. 

It  has  seemed  to  the  Convention  that  its  work  could  not  be 
complete  until  it  had  submitted  to  the  people  a  revised  draft  of 
the  Constitution  that  should  incorporate  therein  all  the  amend- 
ments, nearly  fifty  in  number,  adopted  since  the  original  Consti- 
tution of  1780.  It  is  obvious  that  such  a  revision  would  be 
of  slight  value  if  it  did  not  also  include  such  amendments  now 
submitted  as  the  people  may  adopt  at  the  coming  election.  The 
Convention  has  therefore  provided  for  a  special  committee  to 


I 


852  JOURNAL  OF  THE  CONVENTION, 

meet  after  the  results  of  the  voting  in  November  are  known. 
This  committee  is  to  prepare  a  draft  of  a  revised  Constitution, 
incorporating  therein  all  the  amendments  that  shall  have  then 
been  adopted,  and  this  draft  is  to  be  submitted  to  the  Conven- 
tion next  summer.  It  is  believed  that  the  Convention  can  then 
pass  upon  it  without  delay  and  provide  for  its  submission  to 
the  people  at  the  following  election,  and  having  so  done  the 
Convention  will  adjourn  sine  die,  satisfied  that  it  has,  to  the  best 
of  its  ability,  faithfully  and  completely  discharged  the  great  trust 
reposed  in  it. 

While  our  labors  are  not  therefore  over,  they  are  ended  for  the 
present,  and  our  future  assembling  will  be  for  but  a  brief  period 
and  for  a  specific  object. 

We  have  met  under  most  unusual  conditions.  This  Convention 
was  determined  upon  before  our  country  was  involved  in  the  great 
struggle,  but  we  did  not  meet  until  the  war  was  upon  us.  There 
was  some  question  as  to  whether  a  Convention  could  do  wise  work 
under  such  conditions,  but  as  the  days  went  by  it  has  abundantly 
appeared  that  the  conflict  of  nations  has  but  served  to  intensify 
the  interest  of  this  Convention  in  the  fundamental  principles  of 
government,  for  more  and  more  it  appears  that  the  principles  on 
which  Massachusetts  has  founded  its  government  for  a  hundred 
and  well-nigh  two  score  years  are  the  principles  to  which  the  world 
looks  for  deliverance  from  autocracy  and  tyranny. 

As  we  have  toiled  here  in  modest  and  quiet  fashion,  occasionally 
there  have  come  to  us  vivid  glimpses  of  the  world  struggle.  Our 
soldiers  have  come  back  and  told  us  their  story.  Members  of  this 
Convention  have  put  on  the  uniform  and  gone  forth  proudly 
to  do  their  part  "over  there".  High  commissions  from  France, 
Belgium,  Italy  and  Japan  have  looked  in  upon  us,  and  on  this 
day  one  year  ago  the  Russian  Ambassador  from  the  new  Republic, 
soon  to  be  so  cruelly  wronged,  brought  us  greetings  of  his  great 
people.  WTe  have  heard  the  distant  thunders  and  the  crashing 
lightnings,  the  diapason  of  the  open  cannon's  mouth,  and  the  alarum 
of  the  drums  from  East  to  West,  and  from  Pole  to  Pole,  calling 
men  to  service  amid  the  carnage  where  once  grew  the  fair  lilies 
of  France.  Pardoned  may  we  be  if  occasionally  our  minds  have 
followed  our  hearts  and  wandered  across  the  seas  while  our  bodies 
still  kept  their  accustomed  places  in  this  chamber.  The  wander- 
ing was  not  for  long,  but  back  here  have  come  the  mind  and 
heart  as  vassals  of  duty  to  do  their  work.  Though  all  the  world 
blazed  in  the  glory  of  arms  and  sacrifice,  it  has  not  been  for  us 
thus  to  serve,  but  in  a  plain  and  inconspicuous  manner  here  to 
endeavor  to  protect  and  advance  those  ideas  for  which  our  sons 
fight  "  in  the  heavens  above,  in  the  earth  beneath  and  in  the  waters 
under  the  earth  ",  and,  when  the  record  is  finally  written,  may  it  be 
said  of  this  Convention  that,  called  to  peaceful  deliberation  when 
all  nations  were  at  war,  it  found  its  duties  not  unimportant,  but 
discharged  them  with  such  honesty  of  purpose  and  such  clear- 
ness of  vision  as  to  receive  the  "WTell  done"  of  the  people  of 
Massachusetts. 


WEDNESDAY,  AUGUST  21,  1918.  853 


Mr.  Walker  of  Brookline  then  moved  that  700,000  copies  of 
the  closing  remarks  of  the  President  be  printed,  and  distributed  remarks. 
to  the  voters  of  the  Commonwealth  with  and  in  the  manner 
provided  (in  an  order  previously  adopted)  for  the  distribution  of 
the  pamphlet  containing  the  full  text  of  the  several  amendments 
of  the  Constitution  submitted  by  this  Convention. 

Adjournment  until  1919. 

Mr.  Luce  of  Waltham  then  moved  that,  subject  to  the  pro-  Adjournment 
visions  of  the  order  adopted  at  the  preceding  session,  the  Con-  until  1919. 
vention  do  now  adjourn;    and  this  motion  prevailed. 

Accordingly,  at  five  minutes  past  four  o'clock,  the  President 
declared  the  Convention  adjourned,  to  meet,  subject  to  call  by 
the  President  or  Secretary,  not  later  than  within  twenty  days 
after  the  prorogation  of  the  General  Court  of  1919,  for  the  pur- 
pose of  taking  action  on  the  report  of  the  special  committee  on 
Rearrangement  of  the  Constitution. 


, 


SESSION  OF  1919 


JOURNAL  OF  THE  CONVENTION. 


TUESDAY,  August  12,  1919. 

Pursuant  to  a  call  issued  by  the  President  of  the  Convention, 
under  authority  of  an  order  adopted  on  August  20,  1918,  the 
members  of  the  Convention  reassembled  in  the  chamber  of  the 
House  of  Representatives,  and  were  called  to  order  at  ten 
minutes  past  one  o'clock  P.M.  by  the  President. 

Prayer  was  offered  by  Rev.  Warren  P.  Landers  of  Brockton. 

The  aforesaid  order,  and  the  call  of  the  President,  were  then 
read  by  the  Secretary. 

Quorum. 

The  roll  was  then  called,  to  ascertain  if  a  quorum  was  present;  Quorum, 
and  220  members  answered  to  their  names,  as  follows:  — 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Anderson,  George  W. 
Avery,  Nathan  P. 
Aylward,  James  F. 
Bailey,  Charles  O. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Barnes,  George  L. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  John  L. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Benton,  Everett  C. 
Bigney,  Robert  E. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Boucher,  Joseph  Zoe'l 
Bouve,  Walter  L. 
Bowen,  Patrick 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Brennan,  James  H. 
Brennan,  James  J. 
Brine,  Henry  C. 
Broderick,  Patrick  S. 
Brooks,  George  F. 
Brown,  Samuel  F. 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bullock,  William  J. 
Burns,  William  A. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 


Messrs.  Charbonneau,  Henry  V. 
Chase,  Mial  W. 
Clapp,  Robert  P. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Collier,  David  R. 
Coogan,  Clement  F. 
Cook,  Benjamin  A. 
Coolidge,  Louis  A. 
Coombs,  Zelotes  W. 
Cooney,  Charles  P. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Craven,  John  H. 
Creamer,  Walter  H. 
Creed,  James  F. 
Crosby,  J.  Howell 
Cummings,  Herbert  E. 
Cummings,  John  W. 
Curtis,  Arthur  B. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Curtiss,  Elmer  L. 
Dale,  George  H. 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Dellinger,  Raymond  P. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Donnelly,  James  P. 
Donovan,  James  A. 
Doran,  James  P. 
Dresser,  Frank  F. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 


858 


JOURNAL  OF  THE  CONVENTION, 


Messrs.  Ferry,  James  R. 
Finn,  E.  Philip 
Fisher,  Edward 
Flaherty,  William 
Fraser,  Eugene  B. 
French,  Asa  P. 
Frost,  Archie  N. 
Gallagher,  Daniel  J. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gates,  Joseph  S. 
Gaylord,  Henry  E. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Good,  John  P. 
Granfield,  William  J. 
Green,  Thomas  H. 
Greenwood,  Hamlet  S. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Frederick  S. 
Hall,  Isaac  Freeman 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Hibbard,  Charles  E. 
Hoitt,  Augustus  J. 
Horgan,  Francis  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kelley,  Thomas  R. 
Kelly,  Luke  L. 
Kenefick,  Thomas  W. 
Kenny,  Herbert  A. 
Kerr,  Alexander 
Kilbon,  John  L. 
Kirmey,  William  S. 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Langelier,  Louis  F.  R. 
Leboeuf ,  Telesphore 
Linke,  Fred  R. 
Logan,  James 
Lomasney,  Martin  M. 
Look,  WiUiam  J. 
Loring,  Augustus  P. 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mansfield,  John  J. 
McCormack,  John  W. 
Merriam,  John  M. 
Merrill,  George  Frye 
Michelman,  Joseph 


Messrs.  Mitchell,  Charles 
Mitchell,  John 
Montague,  David  T. 
Moran,  William 
Merrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Murphy,  John  L. 
Nestor,  Patrick  F. 
Newhall,  Arthur  N. 
Newton,  H.  Huestis 
Nutting,  Edward  H. 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Parkman,  Henry 
Peirce,  Albion  G. 
Pelletier,  Joseph  C. 
Peterson,  Patrick 
Pillsbury,  Albert  E. 
Powers,  Samuel  L. 
Putnam,  Harry  B. 
Quinn,  Timothy  F. 
Ray,  Herbert  L. 
Richardson,  James  P. 
Rieutprd,  Louis  O. 
Robbins,  Edward  J. 
Robinson,  George  H. 
Saunders,  Amos  T. 
Sawyer,  Roland  D. 
Shanahan,  William  J. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Smith,  Jerome  S. 
Smith,  Rutherford  E. 
Stoeber,  Charles 
Stoneman,  David 
Sullivan,  Michael  A. 
Sullivan,  William  H. 
Sullivan,  William  J. 
Sweeney,  Edward  A. 
Sweet,  Joseph  L. 
Talbot,  Harry  R. 
Tatman,  Charles  T. 
Theller,  Ralph  L. 
Thompson,  Edward 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Twomey,  John  C. 
Underbill,  Charles  L. 
•      Walcott,  Robert 
Walker,  Joseph 
Washburn,  Albert  H. 
Washburn,  Charles  G. 
Webster,  Francis  E. 
Webster,  George  P. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Wheelock,  Henry  H. 


TUESDAY,  AUGUST  12,  1919.  850 

Messrs.  Whipple,  Sherman  L.  Messrs.  Wilson,  William  H. 
White,  John  A.  Wing,  Herbert 

Whittier,  Eugene  P.  Wonson,  Carlton  W. 

Williams,  Fred  Homer  Wood,  Charles  J. 

Therefore  it  appeared  that  a  quorum  was  present. 

Leave  of  Absence. 

On  motion  of  Mr.  Crosby  of  Arlington,  — 

Ordered,  That  Mr.  Youngman  of  Boston  be  granted  leave  of  wuiiam  s. 
absence,  under  Rule  13,  on  account  of  illness  in  his  family. 

Report  of  a  Committee. 

Mr.  Morton  of  Fall  River,  for  the  special  committee  on  Re- 
arrangement of  the  Constitution,  reported  as  follows :  - 

The  special  committee  appointed  pursuant  to  the  order  of  the  special 
convention  of  August  20,  1918,  to  "arrange  the  Constitution,  as 
amended",  has  performed  the  duty  assigned  to  it,  and  submits  ofe 
the  following  report,  with  a  copy  of  the  proposed  rearrangement 
of  the  constitution  and  amendments  accompanying  the  same  as 
Committee  Document  No.  2,  July,  1919,  as  a  part  thereof. 

The  order  under  which  the  committee  was  appointed  provides 
that  the  committee  shall  "arrange  the  Constitution,  as  amended, 
under  appropriate  titles  and  in  proper  parts,  chapters,  sections 
and  articles,  omitting  all  sections,  articles,  clauses  and  words 
not  in  force,  and  making  no  substantive  change  in  the  provisions, 
thereof".  It  also  provides  that  "printed  copies  of  the  report  of 
such  committee,  containing  the  draft  and  arrangement  so  made 
as  aforesaid,  and  showing  in  detail  any  and  all  omissions  and  any 
and  all  alterations  in  punctuation  and  phraseology,  shall  be  mailed 
to  each  delegate  of  the  Convention",  which  has  been  done. 

Committee  Document  No.  1  accompanying  this  report  is  a 
reprint  of  the  Constitution,  with  all  amendments  made  only  for 
the  convenience  of  the  committee  and  the  Convention. 

Committee  Document  No.  3  shows  the  omissions  and  trans- 
positions as  required  by  the  order  of  the  Convention. 

The  object  of  the  order  was,  as  the  committee  understands  it, 
to  have  the  existing  Constitution  and  its  amendments,  sixty-six 
in  all,  brought  together  in  one  body,  "omitting  all  sections, 
articles,  clauses  and  words"  which  by  the  lapse  of  time,  or  by 
repeal,  or  annulment,  or  otherwise  have  ceased  to  be  in  force,  and 
making  such  rearrangement,  with  the  changes  in  phraseology  and 
punctuation  necessarily  involved,  as  would  form  a  consistent  and 
connected  whole.  The  committee  are  of  opinion  that  it  mani- 
festly was  not  intended  that  they  should  draft  a  new  Constitution 
embodying  the  existing  Constitution  and  amendments,  and  they 
have  not  attempted  to  do  so.  They  have  considered  that  their 
duty  in  that  regard  was  confined  to  one  of  rearrangement.  The 
committee  have  construed  the  order  to  mean  that  it  was  the  will 
and  purpose  of  the  Convention  that  no  change  in  the  existing 
Constitution  and  its  amendments  should  be  made  by  the  com- 
mittee which  would  or  might  in  any  way  affect  their  meaning  or 


860  JOURNAL  OF  THE  CONVENTION, 

present  construction,  or  the  construction  which  has  heretofore 
been  given  to  the  provisions  thereof,  and  they  have  carefully 
refrained  from  making  any  change  which,  it  seemed  to  them, 
would  or  might  have  that  effect. 

Where  there  was  an  obvious  omission,  or  a  manifest  ambiguity, 
as  there  seems  to  have  been  in  a  few  cases,  or  where  a  change  in 
phraseology  or  punctuation  was  rendered  necessary  by  the  re- 
arrangement, or  by  the  omission  of  words,  phrases  or  articles, 
and  when  it  was  clear  that  another  word  or  phrase  should  be 
substituted  for  the  one  used,  to  secure  consistency,  or  uni- 
formity in  language,  the  committee  deemed  that  it  came  within 
the  scope  of  their  duty  to  supply  such  omissions  or  remove  such 
ambiguity  or  make  such  changes,  and  they  have  done  so.  The 
textual  changes  so  made  have  been  comparatively  few. 

The  committee  have  transposed  articles  and  provisions  where 
such  transposition  seemed  to  them  to  effect  a  better  and  more 
logical  arrangement.  In  no  instance  was  any  change  of  meaning 
or  substance  intended  by,  nor  has  any  as  the  committee  believe 
resulted  from,  such  transposition.  Changes  in  phraseology  are 
shown  or  intended  to  be  shown  in  the  rearrangement  by  italics. 
The  omissions  and  transpositions  appear,  as  already  observed, 
in  Committee  Document  No.  3,  accompanying  this  report.  It 
has  been  impossible  to  indicate  the  changes  in  punctuation  other- 
wise than  by  a  comparison  of  the  text  of  the  proposed  rearrange- 
ment with  the  original  text  of  the  existing  Constitution  and 
amendments. 

In  the  main  the  committee  have  followed  the  general  arrange- 
ment of  subjects  in  the  existing  Constitution,  putting  the  various 
amendments  now  in  force  in  the  respective  places  where  they 
appear  to  belong.  They  have  deemed  it  wisest  that  the  textual 
and  other  changes  above  referred  to  should  be  as  few  as  possible 
consistently  with  the  rearrangement  intended.  Except  in  the 
cases  referred  to  above,  and  the  cases  where  articles  or  clauses 
have  been  omitted  as  no  longer  in  force,  the  present  text  of  the 
Constitution  and  amendments  has  been  strictly  adhered  to. 

The  division  heretofore  existing  into  Part  the  First  and  Part 
the  Second,  each  being  further  sub-divided  into  chapters, 
sections  and  articles,  has  been  abandoned  as  confusing  and 
inconvenient,  and  instead  thereof  the  proposed  draft,  after  the 
Preamble,  is  arranged  in  articles  consecutively  numbered  from 
beginning  to  end.  Related  articles  have  been  grouped  to- 
gether under  captions  or  headings  descriptive  of  the  subjects  to 
which  they  belong,  following  here  also  in  the  main  the  arrange- 
ment heretofore  existing.  The  committee  have  construed  so 
much  of  the  order  as  provides  for  an  arrangement  with  "  appro- 
priate titles  and  in  proper  parts,  chapters,  sections  and  articles" 
as  directory  rather  than  restrictive,  and  have  felt  at  liberty  to 
adopt  such  method  of  arrangement  as  seemed  to  them  on  the 
whole  the  simplest  and  most  convenient. 

The  amendments  relating  to  the  Initiative  and  Referendum,  to 
the  Budget,  and  to  Lending  the  Credit  of  the  Commonwealth, 
the  two  latter  being  grouped  together  under  one  caption  or  head- 
ing, have  been  included  in  the  Legislative  Department.  For  pur- 


I 


TUESDAY,  AUGUST  12,  1919.  861 

poses  of  convenience,  some  new  divisions  and  titles  have  been 
introduced,  but  without,  as  the  committee  believe  and  intend, 
affecting  the  construction.  The  title  of  Receiver-General,  used  in 
connection  with  that  of  Treasurer,  has  been  omitted  as  no  longer 
of  any  significance. 

While  the  report  is  substantially  unanimous,  it  is  proper  to  say 
that  some  differences  of  opinion  exist  in  the  committee.  It 
should  be  noted,  however,  that  in  only  one  instance  is  there  any 
difference  of  opinion  as  to  what  has  been  omitted  as  no  longer  in 
force.  Such  other  differences  as  there  are  relate  mainly  to  matters 
of  arrangement. 

The  report  was  considered  under  a  suspension  of  the  rule,  on 
motion  of  Mr.  Luce  of  Waltham. 

Mr.  Loring  of  Beverly  moved  that  the  rearrangement  of 
the  Constitution,  as  shown  in  Committee  Document  No.  2,  be 
adopted  by  the  Convention  and  submitted  to  the  people  for 
their  ratification. 

Mr.  Pillsbury  of  Wellesley  moved  that  the  motion  be  amended 
by  adding  at  the  end  thereof  the  words  ",  in  the  same  manner 
as  the  amendments  heretofore  adopted  by  the  Convention  have 
been  submitted,  without  printing  on  the  ballot  the  full  text 
thereof". 

Mr.  Morton  of  Fall  River  moved  that  Document  No.  2  be 
amended  by  inserting  after  Article  142  the  following:  "ART.  143. 
All  causes  of  marriage,  divorce,  and  alimony,  and  all  appeals 
from  the  judges  of  probate,  shall  be  heard  and  determined  by 
the  governor  and  council,  until  the  legislature  shall,  by  law,  make 
other  provision." 

Mr.  Luce  of  Waltham  raised  the  point  of  order  that  the  amend-  point  of  order, 
ment  contemplated  a  substantive  change  in  the  Constitution,  and 
that  therefore  it  was  not  germane  to  the  subject  under  considera- 
tion, which  was  a  rearrangement  of  the  Constitution. 

The  President  stated  that  the  amendment  proposed  to  insert 
subject-matter  which  had  been  omitted  from  the  revision  as  un- 
necessary, in  the  opinion  of  a  majority  of  the  committee;  and  he 
declared  the  point  of  order  not  well  taken. 

After  debate  the  amendment  moved  by  Mr.  Morton  was 
adopted. 

There  being  no  objection  Mr.  Pillsbury  then  withdrew  his 
amendment;  and  after  further  debate  the  motion  of  Mr.  Loring 
was  adopted. 

Manner  of  Submitting  the  Codification  to  the  People. 

On  motion  of  Mr.  Washburn  of  Middleborough,  — 

Ordered,  That  the  committee  on  Rules  and  Procedure  and  the  Codification 
committee  on  Amendment  and  Codification  of  the  Constitution,  constitution,  — 
sitting  jointly,  report  to  the  Convention  an  order  directing  the  submission J 
manner  in  which  the  proposed  rearrangement  of  the  Constitution 
as  duly  adopted  by  the  Convention  shall  be  submitted  to  the 
people  for  their  ratification  and  adoption  at  the  state  election 
to  be  held  on  November  4  next. 


862 


JOURNAL  OF  THE  CONVENTION, 


Labor 
disputes,  — 
settlement. 


General 
Court,  — 
biennial 


Public 
moneys,  — 
expenditure. 


Resolutions. 

Mr.  Bodfish  of  Barnstable  presented  a  Resolution  relative  to 
the  settlement  of  labor  disputes  (Doc.  No.  428).  The  same 
member  moved  that  Rule  35  be  suspended,  and  this  motion 
was  referred,  under  Rule  56,  to  the  committee  on  Rules  and 
Procedure. 

Mr.  George  of  Haverhill  presented  a  Resolution  relative  to 
biennial  sessions  of  the  General  Court  (Doc.  No.  429).  The 
same  member  moved  that  Rule  35  be  suspended,  and  this 
motion  was  referred,  under  Rule  56,  to  the  Committee  on  Rules 
and  Procedure. 

Mr.  James  H.  Brennan  of  Boston  presented  a  Resolution 
relative  to  the  expenditure  of  public  moneys  (Doc.  No.  430). 
The  same  member  moved  that  Rule  35  be  suspended,  and  this 
motion  was  referred,  under  Rule  56,  to  the  committee  on  Rules 
and  Procedure. 


Mileage  and 
compensation 
of  members, 


employees. 


Compensation  of  Members  and  Employees. 

On  motion  of  Mr.  Curtis  of  Revere,  — 

Ordered,  That  the  committee  on  Contingent  Expenses  and  Pay- 
Roll  consider  and  report  to  the  Convention  what  sum  per  mile 
shall  be  allowed  for  the  travelling  expenses  of  members  of  the 
Convention  for  the  1919  session.  Also  that  said  committee 
report  what  compensation  shall  be  allowed  to  the  members,  and 
also  the  compensation  for  the  1919  session  to  be  paid  the  Secre- 
taries and  Sergeant-at-Arms  of  the  Convention,  and  such  as- 
sistants in  their  respective  departments  as  may  be  approved  by 
the  committee  on  Rules  and  Procedure. 


Death  of 
Edward  A. 
Richardson 
of  Ayer. 


Death  of  Edward  A.  Richardson  of  Ayer. 

Mr.  Glazier  of  Hudson  announced  the  death,  on  January  4, 
1919,  of  Edward  A.  Richardson  of  Ayer,  member  of  the  Con- 
vention from  the  Twelfth  Middlesex  Representative  District; 
and  moved  that  the  Convention  adjourn  as  a  mark  of  respect. 

The  motion  was  unanimously  adopted  by  a  rising  vote. 


Accordingly,  at  ten  minutes  past  three  o'clock,  the  Con- 
vention adjourned,  to  meet  to-morrow  at  half-past  ten  o'clock 
A.M. 


WEDNESDAY,  AUGUST   13,  1919.  863 


WEDNESDAY,  August  13,  1919. 
Met  according  to  adjournment,  at  half-past  ten  o'clock  A.M. 

Prayer  was  offered  by  Rev.  Francis  E.  Webster  of  Waltham,  a 
n.  ember  of  the  Convention. 

Recognition  of  Members  in  War  Service. 

On  motion  of  Mr.  Quinn  of  Sharon,  — 

Ordered,  That  the  Secretary  of  the  Convention,  in  an  appendix  Members  who 
to  be  attached  to  the  Journal  of  the  Convention,  make  suitable  wa7ewiththe 
record  of  such  members  of  the  Convention  as  served  in  the  war  Germany,— 
with  Germany,  such  record  to  cover  date  of  enlistment,  company  Sl 
and  regiment,  promotions  and  date  of  discharge,  to  the  end  that 
there  be  distinct  recognition  of  such  service  in  the  official  records 
of  the  Convention. 

Proposals  to  Amend  the  Constitution. 

Mr.  Sullivan  of  Salem  presented  a  Resolution  relative  to  the  Elective 
terms  of  office  of  elective  officers  (Doc.  No.  431).     The  same 
member  moved  that  Rule  35  be  suspended. 

On  motion  of  Mr.  Luce  of  Waltham,  there  being  no  objection, 
the  provisions  of  Rule  56,  requiring  the  motion  of  Mr.  Sullivan  to  be 
referred  to  the  committee  on  Rules  and  Procedure,  were  suspended; 
and  after  debate  the  Convention  refused  to  suspend  Rule  35. 

Mr.  Sullivan  of  Salem  also  presented  a  Resolution  relative  to  General 
recess   committees   of   the  General  Court  (Doc.  No.  432).      The  £i£2'~~ 
same  member  moved  that  Rule  35  be  suspended.  committees. 

On  motion  of  Mr.  Luce  of  Waltham,  there  being  no  objection, 
the  provisions  of  Rule  56,  requiring  the  motion  of  Mr.  Sullivan 
to  be  referred  to  the  committee  on  Rules  and  Procedure,  were  sus- 
pended; and  after  debate  the  Convention  refused,  by  a  vote  of  14 
to  147,  to  suspend  Rule  35. 

Mr.  Washburn  of  Worcester,  for  the  committee  on  Rules  and  g®JJ[aL 
Procedure,  reported  recommending  that  Rule  35  be  not  suspended  biennial 
on  the  Resolution  relative  to  biennial  sessions  of  the  General  Court  sessions- 
(Doc.  No.  429). 

The  question  on  the  suspension  of  Rule  35  was  considered 
forthwith;  and  after  debate  the  Convention  refused  to  suspend 
the  rule. 

The  same  member,  for  the  same  committee,  reported  recom-  pubiic 
mending  that  Rule  35  be  not  suspended  on  the  Resolution  relative 
to  the  expenditure  of  public  moneys  (Doc.  No.  430). 

The  question  on  the  suspension  of  Rule  35  was  considered 
forthwith;  and  the  Convention  refused  to  suspend  the  rule. 


864 


JOURNAL  OF  THE  CONVENTION, 


Labor 
disputes,  — 
settlement. 


Public 
service, — 
interruption 
or  impair- 
ment. 


Rule  35  not 

suspended. 


The  same  member,  for  the  same  committee,  reported  recom- 
mending that  Rule  35  be  not  suspended  on  the  Resolution  relative 
to  the  settlement  of  labor  disputes  (Doc.  No.  428). 

The  question  on  the  suspension  of  Rule  35  was  considered 
forthwith;  and  after  debate  the  Convention  refused  to  suspend 
the  rule. 

Mr.  Pillsbury  of  Wellesley  then  presented  a  Resolution  relative 
to  the  interruption  or  impairment  of  any  public  service  (Doc. 
No.  433).  The  same  member  moved  that  Rule  35  be  suspended. 

On  further  motion  of  the  same  member,  there  being  no 
objection,  the  provisions  of  Rule  56,  requiring  the  former  motion 
to  be  referred  to  the  committee  on  Rules,  were  suspended. 

After  debate  the  question  was  put  on  the  suspension  of  Rule 
35,  and  104  members  voted  in  the  affirmative  and  81  in  the 
negative. 

The  sense  of  the  Convention  was  then  taken  by  yeas  and  nays, 
at  the  request  of  Mr.  Brown  of  Brockton;  and  on  the  roll  call 
120  members  voted  in  the  affirmative  and  105  in  the  negative,  as 
follows :  — 

YEAS. 


Messrs.  Adams,  Scott 

Anderson,  George  W. 
Bailey,  Charles  0. 
Balch,  Francis  N. 
Bangs,  Francis  R. 
Barker,  Warren  S. 
Barnes,  Clarence  A. 
Bartlett,  Horace  I. 
Bassett,  Edmund 
Batchelder,  Albert  W. 
Bates,  Sanford 
Benton,  Everett  C. 
Besse,  Harold  A. 
Bicknell,  Wallace  H. 
Blackmur,  Paul  R. 
Bodfish,  John  D.  W. 
Bolster,  Percy  G. 
Bouve",  Walter  L. 
Boyden,  Frank  L. 
Boyer,  Elmer  E. 
Boynton,  Thomas  J. 
Brine,  Henry  C. 
Brooks,  George  F. 
Brown,  E.  Gerry 
Bryant,  Lincoln 
Buck,  Maurice  A. 
Bun-ell,  Fred  J. 
Butler,  A.  Webster 
Buttrick,  Allan  G. 
Carr,  Edward 
Chandler,  Leonard  B. 
Chase,  Mial  W. 
Clark,  Chester  W. 
Codman,  James  M.,  Jr. 
Cook,  Benjamin  A. 
Cook,  Rufus  H. 
Coombs,  Zelotes  W. 
Cox,  Guy  W. 
Crafts,  Lyman  A. 
Creamer,  Walter  H. 
Crossley,  William  Cyril 


Messrs.  Cummings,  Herbert  E. 
Curtis,  Arthur  B. 
Curtis,  Charles  P.,  Jr. 
Curtis,  Edwin  U. 
Cusick,  John  F. 
Dale,  George  H. 
Dean,  Robert  A. 
Delano,  Robert  T. 
Derbyshire,  James  H. 
Doe,  Orestes  T. 
Doran,  James  P. 
Dresser,  Frank  F. 
Ellis,  Theodore  W. 
Feiker,  William  H. 
Ferry,  James  R. 
Fisher,  Edward 
Fitz-Randolph,  Reginald  T. 
Flye,  Louis  Edwin 
Foss,  George  H. 
Fraser,  Eugene  B. 
George,  Samuel  W. 
Giddings,  Charles 
Glazier,  Frederick  P. 
Gleason,  Nesbit  G. 
Hale,  Edward  R. 
Hall,  Elisha  S. 
Hall,  Isaac  Freeman 
Hibbard,  Charles  E. 
Hobbs,  Clarence  W.,  Jr. 
Hoitt,  Augustus  J. 
Hutchings,  Henry  M. 
Johnson,  Charles  R. 
Jones,  George  R. 
Kelley,  George  W. 
Kenefick,  Thomas  W. 
Kerr,  Alexander 
Knotts,  J.  Franklin 
Lane,  Daniel  W. 
Logan,  James 
Look,  William  J. 
Loring,  Augustus  P. 


WEDNESDAY,  AUGUST  13,  1919. 


865 


Messrs.  Lummus,  Henry  T. 
Lyman,  Frank  E. 
Lynch,  John  C. 
MacMaster,  Edward  A. 
McCaffrey,  George  H.,  Jr. 
McLaud,  Abner  S. 
Merriam,  John  M. 
Merrill,  George  Frye 
Montague,  David  T. 
Moran,  William 
Newhall,  Arthur  N. 
Parkman,  Henry 
Peirce,  Albion  G. 
Pillsbury,  Albert  E. 
Ray,  Herbert  L. 
Rieutord,  Louis  O. 
Robbing,  Edward  J. 
Robinson,  George  H. 
Smith,  Jerome  S. 


Messrs.  Adams,  Brooks 
Adams,  Smith  J. 
Anderson,  Frederick  L. 
Aylward,  James  F. 
Barrett,  James  T. 
Bauer,  Ralph  S. 
Bennett,  Frank  P. 
Bigney,  Robert  E. 
Boucher,  Joseph  Zoel 
Brennan,  James  H. 
Brennan,  James  J. 
Broderick,  Patrick  S. 
Bullock,  William  J. 
Burns,  William  A. 
Coe,  S.  Hamilton 
Coleman,  George  W. 
Coogan,  Clement  F. 
Corrigan,  Robert  S. 
Costello,  Francis  M. 
Coughlan,  William  J. 
Craven,  John  H. 
Creed,  James  F. 
Crosby,  J.  Ho  well 
Davis,  Elbridge  G. 
Davis,  William  R. 
Dellinger,  Raymond  P. 
Donnelly,  James  P. 
Donoghue,  John  A. 
Donovan,  James  A. 
Douglass,  John  J. 
Driscoll,  Dennis  D. 
Farnsworth,  Frank  S. 
French,  Asa  P. 
Frost,  Archie  N. 
Garland,  Francis  P. 
Gartland,  John  J. 
Gaylord,  Henry  E. 
Granfield,  William  J. 
Greenwood,  Hamlet  S. 
Hall,  Frederick  S. 
Harriman,  Arthur  N. 
Harrington,  Patrick  H. 
Hart,  Albert  Bushnell 
Horgan,  Francis  J. 
Keliher,  John  A. 
Kelley,  Thomas  R. 


Messrs.  Sullivan,  Edmund  G. 
Sweeney,  Edward  A. 
Theller,  Ralph  L. 
Thompson,  Hubert  C. 
Thompson,  John  L. 
Tilton,  Rufus  H. 
Trefry,  William  D.  T. 
Turner,  Joseph 
Underbill,  Charles  L. 
Walker,  George 
Washburn,  Albert  H. 
Webster,  Francis  E. 
Wellman,  Arthur  Holbrook 
Wheeler,  William 
Wheelock,  Henry  H. 
White,  John  A. 


Whittier,  Eugene  P. 
Williams,  Fred  Homer 
Winslow,  Guy  M. 


NAYS. 


Messrs.  Kelly,  Luke  L. 

Kenny,  Herbert  A. 
Lane,  Dwight  F. 
Leboeuf,  Telesphore 
Love,  Joseph  A. 
Lowell,  James  A. 
Luce,  Robert 
Lufkin,  Willfred  W. 
Maguire,  James  E. 
Mahoney,  John  J. 
Mancovitz,  David 
Mansfield,  John  J. 
Marshall,  Daniel  J. 
Martin,  Daniel  A. 
McAnarney,  John  W. 
McCormack,  John  W. 
Michelman,  Joseph 
Mitchell,  Charles 
Mitchell,  John 
Moore,  Charles  D.  C. 
Moriarty,  James  T. 
Morrill,  Charles  H. 
Morton,  James  M. 
Moynihan,  James  J. 
Murley,  Joseph  J. 
Myron,  John  F. 
Nestor,  Patrick  F. 
Newton,  H.  Huestis 
O'Connell,  John  J. 
O'Connell,  John  P. 
O'Connell,  Joseph  F. 
O'Connor,  John  D. 
Parker,  Herbert 
Peterson,  Patrick 
Quinn,  Timothy  F. 
Richardson,  James  P. 
Saunders,  Amos  T. 
Scigliano,  Alfred  P. 
Shanahan,  William  J. 
Shaw,  Michael  F. 
Shea,  John  M. 
Shea,  John  T. 
Sheehan,  Christopher  A. 
Skerrett,  Mark  N. 
Stoeber,  Charles 
Sullivan,  Michael  A. 


866  JOURNAL  OF  THE  CONVENTION, 

Messrs.  Sullivan,  William  H.  Messrs.  Washburn,  Charles  G. 

Sweet,  Joseph  L.  Webster,  George  P. 

Swig,  Louis  Weekes,  George  LeRov 

Talbot,  Harry  R.  Wilson,  William  H. 

Thompson,  Edward  Wing,  Herbert 

Twomey,  John  C.  Wood,  Charles  J. 
Walker,  Joseph 

120  yeas;  105  nays. 

Therefore  the  Convention  refused  to  suspend  Rule  35,  less 
than  two-thirds  of  the  members  present  having  voted  in  the 
affirmative. 


Manner  of  Submitting  the  Rearrangement  to  the  People. 

Mr-  Washburn  of  Middleborough,  for  the  committee  on  Rules 
'  ~~  anc^  Procedure  and  the  committee  on  Amendment  and  Codifica- 
to  tep>pie.  tion  of  the  Constitution,  sitting  jointly,  who  were  directed  to 
report  to  the  Convention  an  order  directing  the  manner  in  which 
the  proposed  rearrangement  of  the  Constitution  as  duly  adopted 
by  the  Convention  shall  be  submitted  to  the  people  for  their 
ratification  and  adoption  at  the  state  election  to  be  held  on 
November  4  next,  —  reported  that  the  following  order  ought  to  be 
adopted:  - 

Ordered,  That  the  Rearrangement  of  the  Constitution  of  the 
Commonwealth,  which  has  been  made  and  adopted  by  this  Con- 
vention, shall  be  submitted  to  the  people  for  their  ratification 
and  adoption  by  printing  the  question  hereinafter  stated  upon 
the  official  ballots  to  be  prepared  and  transmitted  by  the  Secre- 
tary of  the  Commonwealth  to  all  polling  places  established  by 
law  within  the  Commonwealth  for  the  state  election  to  be  held 
on  the  fourth  day  of  November  next,  at  which  places  all  persons 
qualified  to  vote  for  state  officers  may  give  in  their  vote  by 
ballot  for  or  against  such  rearrangement  in  the  following  form, 
to  wit :  — 

"To  vote  on  the  following,  mark  a  cross  X  in  the  square  at 
the  right  of  Yes  or  No:** 

Shall  the  Rearrangement  of  the  Constitution  of  the 


YES. 


NO. 


Commonwealth,  submitted  by  the  Constitutional  Con- 
vention, be  approved  and  ratified?" 

And  Ordered,  further,  That  the  method  prescribed  by  the  pro- 
visions of  Chapter  835,  Acts,  1913,  as  amended  by  Chapter  109, 
General  Acts,  1917,  and  by  Chapter  364,  General  Acts,  1919,  for 
the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  on  any  question  submitted  by  statute  shall  apply  to 
the  transmission,  examination  and  tabulation  of  the  returns  of 
votes  cast  for  and  against  such  rearrangement.  If  such  rearrange- 
ment shall  appear  to  be  approved  by  a  majority  of  the  qualified 
voters  voting  thereon  according  to  the  votes  returned,  examined 
and  tabulated,  as  herein  provided,  it  shall  be  deemed  and  taken 
to  be  ratified  and  adopted  by  the  people. 

The  order  was  considered  forthwith;   and  it  was  adopted. 


WEDNESDAY,  AUGUST  13,  1919. 


867 


Compensation  of  Members  and  Employees. 

Mr.  Curtis  of  Revere,  for  the  committee  on  Contingent  Ex- 
penses  and  Pay-Roil,  who  were  directed  to  report  to  the  Con- 
vention  what  sum  per  mile  shall  be  allowed  for  the  travelling 
expenses  of  members  of  the  Convention  for  the  1919  session, 
also  what  compensation  shall  be  allowed  to  the  members,  and 
also  the  compensation  for  the  1919  session  to  be  paid  the  Secre- 
taries and  Sergeant-at-Arms  of  the  Convention,  and  such 
assistants,  in  their  respective  departments  as  may  be  approved 
by  the  committee  on  Rules  and  Procedure,  —  reported  recom- 
mending the  adoption  of  the  following  schedule:  - 

Mileage  (11,090  miles  at  12  cents  per  mile),  $1,330  80 
Compensation,  315  members  at  $50  each,  15,750  00 
James  W.  Kimball,  Secretary,  .  .  200  00 
Frank  E.  Bridgman,  Assistant  Secretary,  100  00 
F.  Allen  Burt,  Clerical  assistant,  .  50  00 
Thomas  F.  Pedrick,  Sergeant-at-Arms,  150  00 
14  messengers,  per  day,  ...  3  00 
3  pages,  per  day,  ....  2  50 
1  clerk,  document  room,  per  day,  .  3  50 
1  assistant  clerk,  document  room,  per  day,  3  00 
Postmaster,  per  day,  ...  3  25 
Assistant  postmaster,  per  day,  .  2  50 
Doorkeeper,  per  day,  ...  3  50 
Assistant  doorkeeper,  per  day,  .  3  25 
Sergeant-at-Arms'  department,  additional  (first  assistant  secretary 
and  other  clerks,  carpenter  and  assistant  carpenter,  engineers, 
elevator  men,  electricians,  etc.,  matron,  assistant  matron,  scrub- 
women, porter,  watchman  and  assistant  watchmen),  .  .  .  570  00 

The  report  was  considered  forthwith. 

Mr.  Lyman  of  Easthampton  moved  that  the  report  be 
amended  by  adding  at  the  end  thereof  the  words  "No  member 
who  is  not  recorded  on  either  day  of  the  Convention  shall  be 
entitled  to  mileage  or  compensation." 

Mr.  Underhill  of  Somerville  moved  that  the  report  be 
amended,  in  the  second  line  of  the  schedule,  by  striking  out 
"$50",  and  inserting  in  place  thereof  "$30";  and  by  striking 
out  "$15,750.00",  and  inserting  in  place  thereof  "$9,450.00." 

Mr.  Richardson  of  Newton  moved  that  the  report  be  amended 
by  striking  out  the  second  line  of  the  schedule,  as  follows :  — 
"Compensation,  315  members  at  $50  each,  $15,750.00". 

After  debate  the  previous  question  was  ordered,  on  motion  of 
Mr.  Benton  of  Belmont. 

The  amendment  moved  by  Mr.  Lyman  was  then  adopted, 
by  a  vote  of  123  to  36;  the  amendment  moved  by  Mr.  Underhill 
was  rejected,  by  a  vote  of  29  to  141;  and  the  amendment 
moved  by  Mr.  Richardson  was  rejected. 

The  report  and  schedule,  as  amended,  were  then  adopted. 

On  motion  of  Mr.  Washburn  of  Worcester  the  provisions  of 
the  standing  order  requiring  the  President  to  declare  a  recess  at 
one  o'clock  were  suspended. 


868 


JOURNAL  OF  THE  CONVENTION, 


Certain 
unrecorded 
members,  — 
compensation. 


Mr.  Bergengren 
of  Lynn. 


Mr.  McCarthy 
of  Marlborough. 


Amended  order. 


Henry  H. 
Bosworth. 


Irving  D. 
Ferrey. 


Augustus 
W.  Perry. 


Mr.  Curtis  of  Revere  offered  the  following  order:  — 

Ordered,  That  members  of  the  Convention  who  were  not  re- 
corded on  the  1919  roll  calls  be  entitled  to  receive  compensation 
for  mileage  and  attendance,  provided  they  report  in  person  to 
the  Secretary  of  the  Convention  previously  to  the  hour  of  final 
adjournment. 

Mr.  Twomey  of  Lawrence  moved  that  the  order  be  amended 
by  adding  at  the  end  thereof  the  words  "  ;  and  that  members  of 
the  Convention  who  are  in  the  military  or  naval  service  of  the 
United  States  shall  also  be  entitled  to  compensation  and  mileage". 

Mr.  Martin  of  Holyoke  moved  that  the  amendment  be 
amended  by  inserting,  after  the  words  "naval  service",  the 
words  "or  who  are  engaged  in  any  war-work  activity".  This 
amendment  was  rejected. 

After  debate  the  amendment  moved  by  Mr.  Twomey  was 
adopted. 

Mr.  Glazier  of  Hudson  moved  that  the  order,  as  amended,  be 
amended  by  striking  out  the  words  "previously  to  the  hour  of 
final  adjournment".  This  amendment  was  rejected. 

Mr.  Creamer  of  Lynn  called  attention  to  the  fact  that  Mr. 
Bergengren  of  Lynn  was  detained  by  a  fatal  accident  to  a  mem- 
ber of  his  family,  and  moved  that  the  order,  as  amended,  be 
further  amended  by  inserting,  before  the  word  "members"  (in 
the  words  inserted  by  amendment),  the  words  "Mr.  Bergengren 
of  Lynn  and".  This  amendment  was  adopted. 

Mr.  Glazier  of  Hudson  moved  that  the  order,  as  amended,  be 
further  amended  by  inserting  the  words  "Mr.  McCarthy  of 
Marlborough  and"  (Mr.  McCarthy  having  been  present  yester- 
day). This  amendment  was  adopted. 

The  order,  as  amended,  was  then  adopted,  as  follows:  - 

"Ordered,  That  members  of  the  Convention  who  were  not 
recorded  on  the  1919  roll  calls  be  entitled  to  receive  compensation 
for  mileage  and  attendance,  provided  they  report  in  person  to 
the  Secretary  of  the  Convention  previously  to  the  hour  of  final 
adjournment;  and  that  Mr.  Bergengren  of  Lynn  and  Mr.  Mc- 
Carthy of  .Marlborough  and  members  of  the  Convention  who  are 
in  the  military  or  naval  service  of  the  United  States  shall  also  be 
entitled  to  compensation  and  mileage." 

Leaves  of  Absence. 

On  motion  of  Mr.  Adams  of  Springfield,  — 

Ordered,  That  Mr.  Bosworth  of  Springfield  be  excused  from 
attendance  upon  the  1919  sessions  of  the  Convention,  because  of 
illness. 

On  motion  of  Mr.  Burns  of  Pittsfield,  — 

Ordered,  That  Mr.  Ferrey  of  Pittsfield  be  excused  from  the 
1919  session  of  the  Convention,  because  of  illness. 

On  motion  of  Mr.  McCormack  of  Boston,  — 

Ordered,  That  Mr.  Perry  of  Boston  be  excused  from  attendance 
upon  the  1919  session  of  the  Convention,  because  of  sickness; 
and  that  he  be  entitled  to  receive  the  compensation  and  mileage 
determined  upon  by  the  Convention. 


WEDNESDAY,  AUGUST  13,  1919.  869 


Motion  to  Reconsider. 

Mr.  James  H.  Brennan  of  Boston  then  moved  that  the  vote  Public 
be  reconsidered  by  which  the   Convention  had  refused,   earlier 
in  the  session,  to  suspend  Rule  35  on  the  Resolution  relative  to 
the  expenditure  of  public  moneys  (Doc.  No.  430). 

The  same  member  moved  a  suspension  of  the  provision  of 
Rule  48  which  requires  a  motion  to  reconsider  to  be  placed  in 
the  Orders  of  the  Day  for  the  next  session.  Objection  was  made 
by  Mr.  Loring  of  Beverly. 

Mr.  William  H.  Sullivan  of  Boston  moved  that  the  Conven- 
tion adjourn;  and  this  motion  was  negatived. 

Mr.  Brennan  then  moved  that,  when  the  Convention  adjourns, 
it  adjourn  to  meet  in  five  minutes;  and  that  the  subsequent  session 
be  considered  a  legislative  day.  This  motion  was  negatived. 

Rearrangement  of  the  Constitution. 

Mr.  Hart  of  Cambridge,  a  member  of  the  special  committee  on  Judge  Morton, 
Rearrangement    of    the    Constitution,    called    attention    to    the  ^arrangement. 
painstaking  work  of  Mr.   Morton  of    Fall  River,  of    that  com- 
mittee, to  whom  he  gave  credit  for  the  greater  part  of  the  work 
of  rearrangement. 

The  Convention  expressed  its  appreciation;  and  Judge  Morton 
responded  briefly. 

On  motion  of  Mr.  Luce  of  Waltham,  — 

Ordered,  That  the  sub-committee  appointed  by  the  chairman  of  Rearrange- 
the   special   committee   on    Rearrangement   of   the   Constitution,  Constitution,  - 
namely,  James  M.  Morton  of  Fall  River,  Albert  E.  Pillsbury  of  gfig™" 
Wellesley,    Augustus   P.    Loring   of   Beverly,    Herbert   Parker   of 
Lancaster  and  Albert  Bushnell  Hart  of  Cambridge,  be  and  hereby 
is   empowered   to   correct  clerical   and  typographical   errors   and 
establish  the  text  of  the  rearrangement  of  the  Constitution  to  be 
submitted  to  the  people,  in  conformity  with  that  adopted  by  the 
Convention. 

Plan  for  Reunion  Dinners. 
Mr.  Anderson  of  Newton,  for  the  special  committee  appointed  Special 

j.    r»i      -irno         -^  £  •  v  committee  on 

on  August  21,  1918,  with  power  to  arrange  tor  a  reunion  dinner  reunion 
in   connection   with   the    1919   session   of  the   Convention, — re-  report?'  ~~ 
ported  that  they  found  a  dinner  at  this  time  not  feasible,  but 
recommended   that   a   dinner   and   reunion   be   held   during   the 
coming  winter,  on  which  occasion  a  plan  for  a  permanent  organi- 
zation, with  annual  dinners,  would  be  proposed. 

The  report  was  considered  forthwith;  and,  on  motion  of  Mr. 
Johnson  of  Worcester,  it  was  accepted,  the  recommendation  was 
endorsed,  and  the  committee  was  continued  in  power. 


I 


Remarks  by  the  President. 

President  John  L.  Bates  then  addressed  the  members  of  the 
onvention  as  follows:  — 


870  JOURNAL  OF  THE  CONVENTION, 


Gentlemen  of  the  Convention:  Our  work  as  a  Convention  is 
President.  ended,  and  I  desire  to  be  the  first  to  congratulate  you  upon  your 
completed  work. 

Since  we  came  together,  something  over  two  years  ago,  three 
hundred  and  nineteen  resolutions  proposing  specific  amendments 
to  the  Constitution  have  been  introduced  and  carefully  considered. 
On  one  hundred  and  one  of  these  resolutions  you  based  twenty- 
two  amendments  and  submitted  them  to  the  people.  The  re- 
maining two  hundred  and  eighteen  resolutions  you  rejected.  No 
one  can  understandingly  pass  judgment  upon  your  work  without 
giving  as  careful  consideration  to  what  you  discarded  as  to  what 
you  endorsed.  What  you  favored,  the  people  have  accepted; 
and,  if  one  may  judge  from  the  absence  of  any  public  protest, 
you  have  been  equally  fortunate  in  having  the  public  approval  in 
what  you  have  rejected. 

You  have  been  in  session  a  total  of  one  hundred  and  nineteen 
days.  That  total  does  not,  however,  include  the  many  days  that 
your  committees  have  been  in  session  when  there  was  no  session 
of  the  Convention. 

The  amendments  that  you  have  submitted  to  the  people  were 
all  adopted,  some,  as  in  the  case  of  the  compulsory  voting  amend- 
ment and  the  initiative  and  referendum  amendment,  by  a  very 
slight  majority,  the  favoring  vote  being  about  fifty-one  per  cent 
of  the  total  vote  cast.  Most  of  the  amendments  were,  however, 
adopted  by  a  substantial  majority,  the  favoring  vote  in  the  case 
of  the  amendment  enabling  the  Commonwealth  and  its  munici- 
palities to  take  and  distribute  the  necessities  of  life  being  eighty- 
five  per  cent  of  the  total. 

The  adopted  amendments  cover  a  large  field.  They  relate  to 
absentee  voting,  to  appropriations  for  educational  and  benevolent 
purposes,  to  the  taking  and  distribution  by  the  Commonwealth 
and  municipalities  of  the  common  necessities  of  life,  the  initi- 
ative and  referendum,  natural  resources,  the  regulation  of  adver- 
tising in  public  places,  the  preservation  of  property  of  histori- 
cal interest,  adjournment  of  the  General  Court,  the  selection  of 
officers  of  the  militia,  the  powers  of  the  Commander-in-Chief,  the 
succession  to  the  offices  of  Governor  and  Lieutenant-Governor, 
the  return  by  the  Governor  with  his  recommendations  of  bills 
passed  by  the  General  Court,  making  women  eligible  to  appoint- 
ment as  notaries  public,  the  retirement  of  judicial  officers,  the 
revocation  and  alteration  of  grants,  franchises,  etc.,  the  power  of 
the  General  Court  to  limit  buildings  in  districts  according  to  their 
use  or  construction,  compulsory  voting,  lending  the  credit  of  the 
Commonwealth,  a  state  budget  and  the  veto  of  items,  biennial 
elections,  recess  committees  of  the  Legislature,  and  a  more  effi- 
cient administration  of  the  business  of  the  Commonwealth. 

We  assembled  at  this  session  of  1919  for  one  distinct  purpose. 
It  was  that  we  might  submit  to  the  people  for  their  adoption  a 
rearranged  Constitution  containing  within  its  text  all  that  is  not  at 
present  obsolete  of  our  original  Constitution  and  of  the  sixty-six 
amendments  that  have  been  passed  since  1780.  Owing  to  the 
efficient  and  faithful  manner  in  which  the  special  committee  on 
Rearrangement,  headed  by  Mr.  Morton  of  Fall  River,  and  to 


WEDNESDAY,  AUGUST  13,  1919.  871 

whom  you  have  just  paid  such  well  deserved  tribute,  has  dis- 
charged its  work,  there  has  been  nothing  left  for  you  to  do  but  to 
adopt  it  practically  as  it  came  from  the  committee  and  to  submit 
it  to  the  people.  This  you  have  done,  and  in  so  doing  you  have 
rounded  out  and  completed  your  work. 

Since  we  last  met,  nearly  a  year  ago,  the  great  war  has  come 
to  an  end.  Constitutional  government  and  arbitrary  rule  have 
clashed  in  one  final  struggle,  and  constitutional  government  has 
won.  Turmoil  and  agitation,  the  necessary  followers  of  such  a 
struggle,  have  appeared  and  are  prominent  throughout  the  world. 
Nations  whose  rulers  have  been  overthrown  and  whose  form  of 
government  has  been  changed,  and  other  nations  long  since  dead 
but  now  resurrected  by  the  trumpet  blasts  of  the  armies  of 
liberty,  are  seeking  to  secure  their  future  through  the  adoption  of 
constitutional  safeguards.  All  civilization  is  studying  the  funda- 
mental principles  of  government  and  seeking  to  construct  for  the 
future  that  which  shall  best  preserve  the  liberties  attained.  It  is 
highly  significant  that  at  such  a  time,  when  the  attention  of  all 
statesmen  is  devoted  to  these  problems,  no  one  comes  forward 
with  any  suggestion  for  a  fundamental  change  in  the  Constitution 
of  Massachusetts.  This  is  indicative  of  a  profound  conviction 
on  the  part  of  the  people  of  this  old  Commonwealth  that  the 
principles  of  her  Constitution  have  stood  the  test.  In  those 
principles  lies  the  hope  of  humanity.  They  have  been  adequate 
for  the  development  of  men  and  the  protection  of  their  liberties. 
We  rise  from  our  labors  with  renewed  respect  for  the  Constitution 
of  Massachusetts  and  a  deeper  realization  of  its  relation  to  human 
welfare.  May  its  principles  never  want  for  able  defenders,  and 
palsied  ever  be  the  hand  that  would  substitute  a  government  of 
men  for  a  government  of  laws,  anarchy  for  order,  license  for 
liberty! 

Accept  my  sincere  thanks  for  the  thousand  and  one  courtesies 
that,  as  a  body  and  as  individuals,  you  have  extended  to  me; 
and  now,  as  we  go  hence,  our  duty  done,  may  it  be  your  lot,  as  it 
is  mine,  to  take  away  with  you  nothing  but  the  most  precious 
recollections  of  our  association  together  in  the  service .  of  the 
Commonwealth. 

Adjournment  Sine  Die. 

Mr.  Luce  of  Waltham  then  moved  that  the  Convention  ad-  Final 
journ  sine  die;    and  this  motion  was  adopted  by  a  rising  vote.  Adjournment. 
Accordingly,   at  ten  minutes  before  two  o'clock,   the  President 
declared  the  Convention  adjourned  sine  die. 


APPENDIX 


LIST  OF  MEMBERS  OF  THE  CONSTITUTIONAL 
CONVENTION,  WITH  RESIDENCES,  DISTRICTS 
REPRESENTED,  AND  COMMITTEES. 


NAME. 

Residence. 

District. 

Committees. 

Adams,  Brooks, 

Quincy, 

3d  Norfolk,  .       .      . 

Executive. 

Adams,  Charles  Francis, 

Concord, 

At  large,       .       .       . 

Taxation. 

Adams,  Scott,    .      .      . 

Springfield,         .       . 

2d  Congressional, 

Judicial  Procedure. 

Adams,  Smith  J.,     .       . 

Lowell,  .... 

15th  Middlesex,  .      . 

Military  Affairs. 

Anderson,  Frederick  L., 

Newton, 

13th  Congressional,  . 

Bill  of  Rights. 

Anderson,  George  W.,     . 

Brookline,    . 

At  large,       .      .      . 

Public  Affairs  (chairman). 

Avery,  Nathan  P.,  .       . 

Holyoke, 

1st  Congressional,     . 

Social  Insurance. 

Aylward,  James  F., 

Cambridge, 

2d  Middlesex,     .      . 

Suffrage. 

Bailey,  Charles  O.,  .      . 

Newbury,     . 

6th  Congressional,    . 

Initiative  and  Referendum. 

Bailey,  J.  Warren,1  . 

Somerville,  . 

24th  Middlesex, 

State  Administration. 

Balch,  Francis  N.,    . 
Ballantyne,  John,     . 
Bangs,  Francis  R.f   . 

Boston      (Jamaica 
Plain). 
Boston  (Roxbury),   . 

Boston,         .       .       . 

22d  Suffolk,         .       . 
16th  Suffolk,       .       . 
llth  Congressional,  . 

State  Administration. 

County  and  District  Govern- 
ment. 
Municipal  Government. 

Barker,  Warren  S.,   . 

Fall  River,  .       .       . 

llth  Bristol,        .       . 

Liquor  Traffic. 

Barnes,  Clarence  A., 

Mansfield,     . 

2d  Bristol,    .       .       . 

Suffrage. 

Barnes,  George  L.,  . 

Wey  mouth, 

14th  Congressional,  . 

Bill  of  Rights  (clerk). 

Barrett,  James  T.,    .       . 

Cambridge, 

1st  Middlesex,     .      . 

Municipal  Government. 

Bartlett,  Horace  L, 

Newburyport,    . 

23d  Essex,    .       .       . 

Form  and  Phraseology. 

Bassett,  Edmund,    . 

Taunton, 

4th  Bristol,  .       .       . 

Judicial  Procedure. 

Batchelder,  Albert  W.,   . 

Salem,    .... 

17th  Essex,  .      .      . 

Military  Affairs. 

Bates,  John  L.,  President, 
Bates,  Sanford,  .       .       . 

Brookline,    . 
Boston  (Dorchester), 

At  large,       .       .       . 
19th  Suffolk,       .      . 

Rules  and  Procedure  (chair- 
man). 
Liquor  Traffic. 

Bauer,  Ralph  S., 

Lynn  

7th  Congressional,    . 

Municipal  Government. 

Begley,  John  S., 

Holyoke,      .       .      . 

9th  Hampden,    . 

Military  Affairs. 

Bennett,  Frank  P.,  .      . 

Saugus, 

13th  Essex,  .       .      . 

Suffrage. 

Benton,  Everett  C., 

Belmont, 

8th  Congressional,    . 

Executive. 

Bergengren,  Roy  F., 

Lynn,    .... 

14th  Essex,  . 

Liquor  Traffic. 

Besse,  Harold  A.,     . 

Newburyport,    . 

24th  Essex,  .       .       . 

Municipal  Government. 

Bicknell,  Wallace  H.,      . 

Weymouth, 

5th  Norfolk,       .      . 

Liquor  Traffic. 

Bigney,  Robert  E.,  . 
Bird,  Charles  S.,  Jr.,      . 
Blackmur,  Paul  R., 

Boston   (South  Bos- 
ton). 
Walpole,        .       .       . 

Quincy, 

10th  Suffolk,       .      . 
13th  Congressional,  . 
3d  Norfolk,  .       .      . 

Social  Insurance  (clerk). 

Contingent  Expenses  and  Pay- 
Roll. 
Form  and  Phraseology. 

Mr.  Bailey  died  February  15,  1918. 


876 


APPENDIX. 


List  of  Members  of  the  Constitutional  Convention,  etc.  — Con. 


NAME. 

Residence. 

District. 

Committees. 

Bodfish,  John  D.  W.,      . 
Bolster,  Percy  G.,    .       . 
Bosworth,  Henry  H.,      . 

Barnstable      (Hyan- 
nis). 
Boston  (Dorchester), 

Springfield,         .      . 

1st  Barnstable,  . 
24th  Suffolk,       .       . 
2d  Congressional, 

Social  Insurance. 

Amendment  and  Codification 
of  the  Constitution. 
State  Administration. 

Boucher,  Joseph  Zoel,     . 

New  Bedford,    .      . 

7th  Bristol,  .      .      . 

Social  Insurance. 

Bouve,  Walter  L.,     .      . 

Hingham, 

3d  Plymouth,     . 

Military  Affairs  (chairman). 

Bowen,  Patrick, 
Boy  den,  Frank  L.,   . 

Boston   (South  Bos- 
ton). 
Deerfield,     . 

12th  Congressional,  . 
3d  Franklin, 

County  and  District  Govern- 
ment. 
Education. 

Boyer,  Elmer  E.,      . 

Lynn,     .... 

13th  Essex,  .       .      . 

Executive. 

Boynton,  Thomas  J., 

Everett,        .       .       . 

20th  Middlesex,  .       . 

Rules  and  Procedure,  Labor. 

Brackett,  John  Q.  A.,  1   . 

Arlington,     . 

8th  Congressional,    . 

Social  W'elfare  (chairman). 

Brennan,  James  H., 
Brennan,  James  J.,  . 
Brine,  Henry  C., 

Boston    (Charles- 
town). 
Boston     (Charles- 
town). 
Somerville,  . 

10th  Congressional,  . 
3d  Suffolk,   .       .      . 
23d  Middlesex,    .       . 

Liquor  Traffic  (clerk). 
Public  Affairs. 
Municipal  Government. 

Broderick,  Patrick  S.,     . 

Waltham,     .      .       . 

5th  Middlesex,    .      . 

Military  Affairs. 

Brooks,  George  F.,  . 

Worcester,    .      .      . 

21st  Worcester,   . 

Public  Affairs. 

Brown,  E.  Gerry,     . 

Brockton,     . 

10th  Plymouth, 

Labor. 

Brown,  Samuel  F.,  . 
Bruce,  Charles,  . 

Springfield     (Indian 
Orchard). 
Everett, 

7th  Hampden,   . 
9th  Congressional,    . 

Labor. 
Municipal  Government. 

Bryant,  Lincoln, 
Buck,  Maurice  A.,    . 

Milton,  . 
Billerica,       .     .,,..« 

4th  Norfolk,       .      . 
17th  Middlesex, 

Military    Affairs,     Municipal 
Government. 
Social  Welfare. 

Bullock,  William  J., 

New  Bedford,     . 

8th  Bristol,  .       .      . 

Social  Welfare. 

Burns,  William  A.,  . 

Pittsfield,     .      .      . 

4th  Berkshire,    . 

Judiciary. 

Burrell,  Fred  J., 

Medford,      .      „      * 

26th  Middlesex, 

Executive. 

Butler,  A.  Webster, 

Brockton,     .       .      * 

llth  Plymouth, 

Public  Affairs. 

Buttrick,  Allan  G.,  .       . 

Lancaster,    .      .      * 

10th  Worcester,  . 

Suffrage. 

Callahan,  Timothy  F.,  . 

Boston,         .      .'     . 

6th  Suffolk,  .       .      . 

Bill  of  Rights. 

Carr,  Edward,    .       .       . 

Hopkinton,         .      .. 

8th  Middlesex,    .      . 

Social  Insurance. 

Chandler,  Leonard  B.,   . 

Somerville,  .      .      . 

23d  Middlesex,    .       . 

Bill  of  Rights. 

Charbonneau,  Henry  V., 

Lowell,  ...      ;      . 

15th  Middlesex, 

Labor. 

Chase,  Mial  W.,        .       . 

Lynn  

12th  Essex,  .      .      .  - 

Education. 

Choate,  tCharles  F.,  Jr., 

Southborough,   . 

At  large,       .       .       . 

Initiative  and  Referendum. 

Churchill,  George  B.,     . 

Amherst, 

2d  Congressional,      . 

Initiative  and  Referendum. 

Clapp,  Robert  P.,    .      . 

Lexington,    . 

28th  Middlesex, 

Public  Affairs. 

Clark,  Chester  W.,   .      . 

Wilmington, 

5th  Congressional,    . 

Judicial  Procedure. 

Clark,  Ezra  W.,        .      . 

Brockton,     . 

14th  Congressional,  . 

Liquor  Traffic. 

Coakley,  Daniel  H.,       . 

Boston  (Brighton),  . 

26th  Suffolk,       .      . 

Judicial  Procedure. 

Codman,  James  M.,  Jr., 

Brookline,    . 

2d  Norfolk,  .       .      . 

State  Finance. 

Coe.  S.  Hamilton,    . 

Worcester,    . 

19th  Worcester,  .      . 

Municipal  Government. 

Mr.  Brackett  died  April  6,  1918. 


APPENDIX. 


877 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Coleman,  George  W.,      . 

Boston, 

At  large,       .       .       . 

[nitiative  and  Referendum. 

Collier,  David  R.,    .       . 

Gardner,       .       .       . 

2d  Worcester,      .      . 

Labor. 

Collins,  Samuel  I.,  . 

Amesbury,  . 

1st  Essex,     .      .      . 

State  Finance. 

Coogan,  Clement  F., 

Pittsfield,     .       .       . 

4th  Berkshire,    .       . 

Public  Affairs. 

Cook,  Benjamin  A., 

Fitchburg,    . 

12th  Worcester,  .       . 

Municipal  Government. 

Cook,  Rufus  H., 
Coolidge,  Louis  A.,  . 

Northampton,    . 
Milton  

1st  Hampshire,  . 
4t  large, 

Amendment  and  Codification 
of  the  Constitution. 
Bill  of  Rights. 

Coombs,  Zelotes  W., 

Worcester,    .      .      . 

4th  Congressional,    . 

Education  (clerk). 

Cooney,  Charles  P., 

Peabody, 

llth  Essex,  .       .       . 

Suffrage. 

Corrigan,  Robert  S., 

Natick,         .      .      . 

6th  Middlesex,    .       . 

Suffrage. 

Costello,  Francis  M., 

Boston  (Roxbury),  . 

14th  Suffolk,       .      . 

Judiciary. 

Coughlan,  William  J.,     . 
Cox,  Guy  W.,     .       .       . 

B'oston  (Dorchester), 
Boston,         .      .      . 

17th  Suffolk,       .      . 
7th  Suffolk,        .       . 

Amendment  and  Codification 
of  the  Constitution. 
Taxation  (chairman). 

Crafts,  Lyman  A.,    . 
Craven,  John  H.,      . 

Whately,       .       .       . 
Boston  (Roxbury),  . 

1st  Franklin, 
13th  Suffolk,       .       . 

County  and  District  Govern- 
ment. 
State  Administration. 

Creamer,  Walter  H., 

Lynn,     .... 

7th  Congressional,    . 

Taxation. 

Creed,  James  F.,      .      . 
Crosby,  J.  Howell,  . 

Boston  (Dorchester), 
Arlington,     . 

12th  Congressional,  . 
27th  Middlesex, 

Amendment  and  Codification 
of  the  Constitution. 
The  General  Court. 

Crossley,  William  Cyril, 
Cummings,  Herbert  E., 

Fall  River,  .       .       . 
North  Brookfield,     . 

llth  Bristol, 
3d  Congressional, 

Amendment  and  Codification 
of  the  Constitution. 
Education. 

Cummings,  John  W., 
Curtis,  Arthur  B.,    . 
Curtis,  Charles  P.,  Jr.,  . 
Curtis,  Edwin  U.,    .       . 
Curtiss,  Elmer  L.,    . 

Fall  River,  .       .      . 
Revere,         ... 
Boston, 
Boston, 
Hingham,     . 

At  large,       .      .      . 
9th  Congressional,    . 
8th  Suffolk,  .       .       . 
At  large,       .      .      . 
16th  Congressional,  . 

Initiative    and     Referendum 
(chairman). 
Contingent  Expenses  and  Pay- 
Roll  (chairman). 
Municipal    Government 
(clerk). 
Rules  and  Procedure,  Bill  of 
Rights  (chairman). 
State  Administration. 

Cusick,  John  F.,       .      . 

Boston  (Dorchester), 

19th  Suffolk,       .      . 

Judiciary. 

Dale,  George  H., 

Watertown,  . 

29th  Middlesex,  .      . 

Executive. 

Daley,  Peter,      .      .      . 

Lowell,  .... 

14th  Middlesex, 

Social  Welfare. 

Daly,  John  W  

Lowell  

5th  Congressional,    . 

Education. 

Davis,  Elbridge  G.f 

Maiden,        .      .      . 

9th  Congressional,    . 

Judiciary. 

Davis,  William  R.,  .      . 
Day,  Charles  M.,      . 

Cambridge, 
Winchendon, 

2d  Middlesex,     .      . 
2d  Worcester,      .      . 

County  and  District  Govern- 
ment. 
Social  Welfare. 

Dean,  Robert  A.,     . 

Fall  River,  . 

llth  Bristol,        .       . 

Elections  (clerk). 

Delaney,  Louis  F.f  . 

Holyoke, 

10th  Hampden, 

Social  Welfare. 

Delano,  Robert  T.,  .      . 
Dellinger,  Raymond  P., 

Wareham,     .       .       . 
Wakefield,    .      .      . 

6th  Plymouth,   . 
19th  Middlesex,  .       . 

County  and  District  Govern- 
ment. 
State  Finance. 

Derbyshire,  James  H.,  . 

Lawrence,     . 

7th  Essex,     .      .      . 

County  and  District  Govern- 
ment. 

878 


APPENDIX. 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Doe,  Orestes  T.,       .      . 

Franklin,      . 

10th  Norfolk,      .      . 

Bill  of  Rights. 

Donnelly,  James  P., 

Lawrence,     . 

8th  Essex,     .      .       . 

Education. 

Donoghue,  John  A., 

Boston,         .      .      . 

6th  Suffolk,  .       .      . 

Taxation. 

Donovan,  Daniel  R., 

Springfield,         .      . 

At  large,       .      .       . 

Social  Insurance. 

Donovan,  James  A., 

Lawrence,     . 

7th  Congressional,    . 

Labor. 

Donovan,  Thomas  F.,    . 

Boston,  .... 

10th  Congressional,  . 

Military  Affairs. 

Doran,  James  P., 
Douglass,  John  J.,    . 
Dresser,  Frank  F.,   . 

New  Bedford,     .       . 

Boston     (East    Bos- 
ton). 
Worcester,    . 

8th  Bristol,  .       .       . 
2d  Suffolk,  .       .       . 
22d  Worcester,    . 

Amendment  and  Codification 
of  the  Constitution. 
State  Finance. 

Judiciary. 

Driscoll,  Dennis  D., 

Boston  (Dorchester), 

17th  Suffolk,       .       . 

Initiative  and  Referendum. 

Driscoll,  Timothy  J.,      . 

Boston  (Roxbury),  . 

13th  Suffolk,       .       . 

Elections. 

Dutch,  CharlesFrederick, 

Winchester,         .       . 

25th  Middlesex, 

State  Administration. 

Ellis,  Theodore  WM  .       . 

Springfield,         .      . 

4th  Hampden,    . 

Form  and  Phraseology. 

Farnsworth,  Frank  S.,    . 

Leominster, 

llth  Worcester,  . 

Social  Insurance. 

Feiker,  William  H., 

Northampton,    . 

2d  Congressional, 

Taxation. 

Ferrey,  Irving  D.,    . 

Pittsfield,     .      .      .• 

4th  Berkshire,     . 

State  Finance. 

Ferry,  James  R., 

Northbridge, 

8th  Worcester,    . 

Suffrage. 

Finn,  E.  Philip,        .       . 

Chelsea,    _^    .      . 

20th  Suffolk,       .       . 

State  Finance. 

Fisher,  Edward, 

Westford,      .    .  .     ,.: 

5th  Congressional,    . 

The  General  Court. 

Fitz-Randolph,    R  e  g  i  - 
nald  T. 
Flaherty,  William,    . 

Flye,  Louis  Edwin, 

Nantucket,  .      .      . 

Boston   (South  Bos- 
ton). 
Holbrook,     . 

1st  Nantucket,  . 
9th  Suffolk,         .      . 
6th  Norfolk,       .      . 

Taxation. 
Social  Welfare. 
Taxation. 

Flynn,  Maurice  R., 

Maiden,        .      .      . 

21st  Middlesex,  . 

Executive. 

Foss,  George  H., 

Springfield,         « 

4th  Hampden,    . 

Education. 

Fraser,  Eugene  B.,  . 

Lynn,     .       . 

14th  Essex,  .       .      . 

Public  Affairs. 

French,  Asa  P.,        .       . 

Randolph,    .      .      . 

14th  Congressional,  . 

Judicial  Procedure. 

Frost,  Archie  N.,      .      . 

Lawrence,     .       . 

5th  Essex,     . 

Public  Affairs. 

Gallagher,  Daniel  J., 
Garland,  Francis  P., 
Gartland,  John  J.,    . 

Boston   (South  Bos- 
ton). 
Somerville,  .      ... 

Boston,         .      ,      V 

12th  Congressional,  . 
23d  Middlesex,    .       . 
6th  Suffolk,  .       .      . 

Suffrage. 

Amendment  and  Codification 
of  the  Constitution. 
The  General  Court. 

Gates,  Joseph  S., 

Westborough, 

9th  Worcester,    .      . 

Executive  (clerk). 

Gaylord,  Henry  E., 

South  Hadley,   . 

3d  Hampshire,    . 

The  General  Court. 

George,  Samuel  W., 
Giddings,  Charles,   .      . 

Haverhill,    .      .      . 
Great  Barrington,     . 

6th  Congressional,     . 
6th  Berkshire,     .       . 

Rules   and   Procedure,    Elec- 
tions (chairman). 
The  General  Court  (clerk). 

Glazier,  Frederick  P.,     . 

Hudson, 

10th  Middlesex, 

Social  Welfare. 

Gleason,  Nesbit  G., 

Andover, 

9th  Essex,     .      .      . 

Social  Insurance. 

Good,  John  P.,  .       .       . 

Cambridge, 

3d  Middlesex,     .       . 

Taxation. 

i 


APPENDIX. 


879 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Granfield,  William  J.,     . 

Springfield, 

3d  Hampden,     . 

Executive. 

Graumann,  John, 

Boston  (Roslindale), 

22d  Suffolk,         .       . 

State  Finance. 

Green,  Thomas  H., 
Greenwood,   Hamlet  S., 

Boston      (Charles- 
town). 
Lowell  

3d  Suffolk,  .       .       . 
5th  Congressional,    . 

Elections. 
State  Administration. 

Haines,  Benjamin  F., 

Medford,       .       .       . 

26th  Middlesex, 

Municipal  Government. 

Hale,  Edward  R.,     .       . 
Hale,  Matthew,         .      . 
Hall,  Elisha  S., 

Haverhill,     .       .       . 
Boston, 
Orange, 

2d  Essex,      .       .       . 
At  large,       .       .       . 
4th  Franklin,      . 

County  and  District  Govern- 
ment. 
Initiative    and     Referendum 
(clerk). 
Liquor  Traffic. 

Hall,  Frederick  S.,  .       . 
Hall,  Isaac  Freeman, 

Taunton, 
North  Adams,    . 

15th  Congressional,  . 
1st  Berkshire,     .       . 

Rules  and  Procedure,  Munic- 
ipal    Government     (chair- 
man).                                  • 
Education. 

Hamilton,  Andrew  Fos- 
ter. 
Harding,  Clarence  W.,    . 

Athol  
Whitman,     .       .       . 

1st  Worcester, 
5th  Plymouth,   . 

Judicial  Procedure. 
Liquor  Traffic. 

Harriman,  Arthur  N.,    . 

New  Bedford,     .      . 

16th  Congressional,  . 

Initiative  and  Referendum. 

Harrington,  Patrick  H., 
Hart,  Albert  Bushnell,  . 

Hawley,  Truman  R., 

Fall  River,  .       .       . 
Cambridge, 

Maiden,        .      .      . 

10th  Bristol,        .       . 
8th  Congressional,    . 

21st  Middlesex,  .       . 

County  and  District  Govern- 
ment. 
Amendment  and  Codification 
of  the  Constitution   (chair- 
man). 
Suffrage  (clerk). 

Hibbard,  Charles  E.,      . 
Hicks,  George  H.,    . 

Pittsfield,     . 
Fall  River,  .       .       . 

1st  Congressional,     . 
9th  Bristol,  .       .       . 

Rules  and  Procedure,  Judicial 
Procedure. 
Municipal  Government. 

Hobbs,  Clarence  W.,  Jr., 
Hoitt,  Augustus  J., 

Worcester,     . 
Lynn,     .... 

13th  Worcester,  . 
12th  Essex,  .       .       . 

Form  and  Phraseology,  Pub- 
lic Affairs  (clerk). 
State  Finance. 

Horgan,  Francis  J., 
Howard,  Charles  P., 
Hutchings,  Henry  M.,    . 

Boston     (Jamaica 
Plain). 
Reading, 

Dedham,      .       .       . 

llth  Congressional,  . 
18th  Middlesex, 
1st  Norfolk,        .      . 

Amendment  and  Codification 
of  the  Constitution  (clerk). 
County  and  District  Govern- 
ment. 
Judicial  Procedure. 

Johnson,  Charles  R., 

Wprcester,     . 

20th  Worcester,  . 

Judicial  Procedure. 

Jones,  George  R.f     . 

Melrose,        .      .      . 

22d  Middlesex,    .       . 

County  and  District  Govern- 
ment (chairman). 

Keliher,  John  A.,      .       . 
Kelley,  George  W.,  .       . 

Boston, 
Rockland,    .       .       . 

llth  Congressional,  . 
4th  Plymouth,    . 

County  and  District  Govern- 
ment. 
Social  Welfare. 

Kelley,  Thomas  R., 
Kelly,  Luke  L.,        .       . 
Kenefick,  Thomas  W.,    . 

Boston     (East    Bos- 
ton). 
Boston    (Jamaica 
Plain). 
Palmer,         .       .       . 

1st  Suffolk,  .       .       . 
15th  Suffolk,       .       . 
1st  Hampden,     . 

County  and  District  Govern- 
ment. 
Education. 

Judicial  Procedure. 

Kenny,  Herbert  A., 

Boston  (Roxbury),  . 

12th  Suffolk,       .       . 

Military  Affairs. 

Kerr,  Alexander, 

Maiden,        .       .       . 

21st  Middlesex,  .       . 

Liquor  Traffic. 

Kilbon,  John  L., 

Springfield, 

6th  Hampden,    . 

Social  Welfare. 

Kinney,  William  S., 

Boston, 

7th  Suffolk,         .       . 

The  General  Court. 

Kneil,  Arthur  S.,      .       . 

Westfield,     .      .      . 

12th  Hampden, 

Suffrage. 

Knotts,  J.  Franklin, 

Somerville,  . 

24th  Middlesex, 

Liquor  Traffic. 

880 


APPENDIX. 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Lane,  Daniel  W., 

Boston, 

llth  Congressional,  . 

Liquor  Traffic. 

Lane,  Dwight  F.,     . 
Langelier,  Louis  F.  R.,  . 

Dighton, 
Quincy, 

5th  Bristol,  .       .       . 
14th  Congressional,  . 

County  and  District  Govern- 
ment. 
State  Administration  (clerk). 

Larson,  Charles  G., 

Worcester,     . 

18th  Worcester,  . 

Social  Welfare. 

Leboeuf,  Telesphore, 

Webster,       .       .       . 

3d  Congressional, 

Military  Affairs. 

Leonard,  Joseph  J., 
Linke,  Fred  R.,        .       . 

Boston    (Jamaica 
Plain). 
West  Springfield,       . 

22d  Suffolk,         .       . 
2d  Hampden, 

State  Finance. 
Education. 

Logan,  James,    . 

Worcester,    . 

4th  Congressional,    . 

Municipal  Government. 

Lomasney,  Martin  M.,    . 

Boston, 

5th  Suffolk,  .       .       . 

Bill  of  Rights. 

Look,  William  J.,      .       . 

Tisbury, 

1st  Dukes,    . 

Public  Affairs. 

Loring,  Augustus  P., 
Love,  Joseph  A., 

Beverly, 
Webster,       .      .      . 

20th  Essex,  .       .       . 
6th  Worcester,     . 

Form  and  Phraseology  (chair- 
man). 
Executive. 

Lowe,  Arthur  H., 

Fitchburg,    . 

3d  Congressional, 

State  Finance. 

Lowell,  James  A., 

Newton, 

4th  Middlesex,    .       . 

Labor  (chairman). 

Luce,  Robert,     . 
Lufkin,  Willfred  W., 

Waltham,     .      .       . 
Essex,     .... 

13th  Congressional,  . 
6th  Congressional,    . 

Rules    and    Procedure,    The 
General  Court. 
Executive. 

Lummus,  Henry  T., 

Lynn,     .... 

14th  Essex,  .       .       . 

Initiative  and  Referendum. 

Lyman,  Frank  E.,    . 
Lynch,  John  C., 

Easthampton,    . 
Milford,        .       .       . 

2d  Hampshire,   . 
9th  Worcester,    . 

County  and  District  Govern- 
ment. 
Taxation. 

MacMaster,  Edward  A.,  . 

Bridgewater, 

8th  Plymouth,   . 

Judicial  Procedure. 

Maguire,  James  E.f  . 
Mahoney,  John  J.,    . 
Malone,  Dana,1 
Mancovitz,  David,  . 
Mansfield,  John  J.,  . 

Boston     (East    Bos- 
ton). 
Boston     (Charles- 
town). 
Greenfield,   . 

Boston,         .      .      . 
Boston  (Roxbury),  . 

10th  Congressional,  . 
4th  Suffolk,         .       . 
1st  Congressional,     . 
5th  Suffolk,         .       . 
12th  Suffolk,       .      . 

Judiciary. 
State  Administration. 

Rules    and    Procedure,    The 
General  Court  (chairman). 
County  and  District  Govern- 
ment (clerk). 
Executive. 

Marshall,  Daniel  J., 

Worcester,    .      ..      . 

15th  Worcester,  .       ." 

Military  Affairs  (clerk). 

Martin,  Daniel  A.,    . 

Holyoke,      .       .       . 

llth  Hampden, 

Suffrage. 

Martin,  Martin  L.f    .     .  , 
McAnarney,  John  W.,     . 

Boston   (South  Bos- 
ton). 
Quincy, 

9th  Suffolk,  .       .       . 
3d  Norfolk,  .       .      . 

Municipal  Government. 
Judiciary. 

McCaffrey,    George    H., 
Jr. 
McCarthy,  Charles  F.,   . 

Boston  (Roxbury),   . 
Maryborough, 

15th  Suffolk,       .       . 
9th  Middlesex,    .       . 

State  Finance  (clerk). 
Military  Affairs. 

McCormack,  John  W.,    . 

Boston  (Dorchester), 

llth  Suffolk,       .      . 

Form  and  Phraseology. 

Mclsaac,  Daniel  V., 
McKeon,  Francis  P., 

Boston   (South  Bos- 
ton). 
Worcester,    .       .       . 

10th  Suffolk,       .      . 
17th  Worcester,  .       . 

Amendment  and  Codification 
of  the  Constitution. 
Executive. 

McLaud,  Abner  S.,  . 

Greenfield,  . 

2d  Franklin, 

Public  Affairs. 

Merriam,  John  M.,  . 

Framingham,     . 

7th  Middlesex,    .       . 

Judiciary. 

Merrill,  George  Frye,      . 

Gloucester,  . 

21st  Essex,  . 

Bill  of  Rights. 

Mr.  Malone  died  August  13,  1917. 


APPENDIX. 


881 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Michelman,  Joseph, 

Boston  (Dorchester), 

19th  Suffolk,       .      . 

Public  Affairs. 

Mitchell,  Charles,     .       . 

New  Bedford,    .       . 

16th  Congressional,  . 

Judicial  Procedure. 

Mitchell,  John,  .       .       . 

Springfield, 

3d  Hampden, 

Liquor  Traffic. 

Montague,  David  T.,      . 

Boston, 

7th  Suffolk,        .      . 

Judiciary. 

Moore,  Charles  D.  C.,    . 

Swampscott, 

15th  Essex,  .       .       . 

Elections. 

Moran,  William, 

Fall  River,  . 

10th  Bristol,        .       . 

The  General  Court. 

Moriarty,  James  T., 
Morrill,  Charles  H., 

Boston   (South  Bos- 
ton). 
Haverhill,     .       .       . 

At  large, 
4th  Essex,     .       .       . 

Liquor  Traffic. 
The  General  Court. 

Morton,  James  M.,  . 

Fall  River,  . 

15th  Congressional,  . 

Judiciary  (chairman). 

Moynihan,  James  J., 

Boston  (Dorchester), 

18th  Suffolk,       .       . 

The  General  Court. 

Murley,  Joseph  J.,    . 
Murphy,  John  L.,     . 

Boston     (East    Bos- 
ton), 
Chelsea,        .       .       . 

10th  Congressional,  . 
23d  Suffolk,         .       . 

Judicial  Procedure. 
Social  Welfare. 

Myron,  John  F., 

Boston  (Dorchester), 

18th  Suffolk,       .      . 

Social  Insurance. 

Nestor,  Patrick  F.,  .      . 
Newhall,  Arthur  N.,       . 

Lowell  
Stoneham,    . 

14th  Middlesex,  .      . 
18th  Middlesex,  .      . 

Contingent  Expenses  and  Pay- 
Roll. 
Military  Affairs. 

Newton,  H.  Huestis, 

Everett,        .       .       . 

20th  Middlesex,  .       . 

Suffrage  (chairman). 

Nutting,  Edward  H.,     . 

Leominster, 

llth  Worcester,  . 

Executive. 

O'Connell,  John  J., 

Lowell  

16th  Middlesex,  .       . 

State  Finance. 

O'Connell,  John  P., 

Salem,    .... 

18th  Essex,  .      .      . 

Social  Insurance. 

O'Connell,  Joseph  F.,     . 

Boston  (Dorchester), 

12th  Congressional,  . 

Taxation. 

O'Connor,  John  D., 

Chicopee,     . 

8th  Hampden,    . 

Amendment  and  Codification 
of  the  Constitution. 

Parker,  George  S.,    .       . 

Boston  (Dorchester), 

24th  Suffolk, 

Public  Affairs. 

Parker,  Herbert, 
Parkman,  Henry,     . 

Lancaster,    . 
Boston, 

3d  Congressional, 
8th  Suffolk,  .       .      . 

Rules  and  Procedure,  Initia- 
tive and  Referendum. 
State  Finance  (chairman). 

Peirce,  Albion  G.,    .      . 

Methuen, 

5th  Essex,     .       .       . 

Education. 

Pelletier,  Joseph  C., 
Perry,  Augustus  W., 

Boston,         .       .       . 
Boston  (Dorchester), 

At  large,       .       .       . 
24th  Suffolk,       .       . 

Rules  and  Procedure,  Bill  of 
Rights. 
Elections. 

Peterson,  Patrick,     . 

Brockton,     . 

9th  Plymouth,    . 

Elections. 

PiUsbury,  Albert  E.,       , 
Powers,  Samuel  L., 
Putnam,  Harry  B., 

Wellesley,     .       .      . 
Newton, 
Westfield,     .      .      . 

9th  Norfolk,       .       . 
13th  Congressional,  . 
1st  Congressional,     . 

Rules  and  Procedure,  Judicial 
Procedure  (chairman). 
Rules  and  Procedure,  Initia- 
tive and  Referendum. 
State  Finance. 

Quincy,  Josiah, 
Quinn,  Timothy  F., 

Boston, 
Sharon, 

At  large,       .       .       . 
7th  Norfolk,       .      . 

Rules  and  Procedure,  Execu- 
tive (chairman). 
The  General  Court. 

Ray,  Herbert  L.,      .       . 

Sutton  

7th  Worcester,    . 

Elections. 

Reidy,  Michael  J.,    .       . 

Boston  (Dorchester), 

llth  Suffolk,       .      . 

The  General  Court. 

882 


APPENDIX. 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Richardson,  Edward  A.,  ! 

Ayer,      .... 

12th  Middlesex,  .       . 

Taxation. 

Richardson,  James  P.,    . 
Rieutord,  Louis  O., 

Newton, 
Southbridge, 

4th  Middlesex,    .       . 
5th  Worcester,    . 

Amendment  and  Codification 
of  the  Constitution. 
Executive. 

Robbins,  Edward  J., 

Chelmsford, 

llth  Middlesex,  . 

State  Administration. 

Robinson,  George  H.,     . 

Sturbridge,  .       . 

4th  Worcester,    . 

Public  Affairs. 

Ross,  Samuel,    . 

New  Bedford,     .       . 

16th  Congressional,  . 

Rules  and  Procedure,  Labor. 

Russell,  Walter  F.,  2 

Brockton,     .       .       . 

10th  Plymouth, 

- 

Saunders,  Amos  T., 

Clinton,        .       .       . 

10th  Worcester,  . 

Social  Insurance. 

Sawyer,  Roland  D., 

Ware  

4th  Hampshire,  . 

Suffrage. 

Scigliano,  Alfred  P., 

Boston, 

5th  Suffolk, 

Labor. 

Shanahan,  William  J.,    . 

Somerville,  . 

24th  Middlesex, 

Taxation. 

Shattuck,  Josiah  B., 

Worcester,    . 

14th  Worcester,  . 

Labor. 

Shaw,  Michael  F.,    .      . 

Revere, 

27th  Suffolk,       .       . 

Taxation. 

Shea,  John  M.,  .       .       . 

Dalton, 

5th  Berkshire,     . 

Judiciary. 

Shea,  John  T  

Cambridge, 

3d  Middlesex,     .      . 

Labor. 

Sheehan,  Christopher  A., 
Sherburne,  Nelson,  . 

Boston     (East    Bos- 
ton). 
West  Springfield,       . 

1st  Suffolk,  . 
2d  Hampden,     . 

Military  Affairs. 
Initiative  and  Referendum. 

Skerrett,  Mark  N.,  .       . 

Worcester,    . 

16th  Worcester,  . 

Labor. 

Smith,  Jerome  S.t     . 

Provincetown,    . 

3d  Barnstable,    . 

The  General  Court. 

Smith,  Rutherford  E.,    . 

Lynnfield,    . 

13th  Essex,  . 

Judicial  Procedure  (clerk). 

Sparrell,  Ernest  H., 

Norwell,       .       .       . 

2d  Plymouth,     . 

Social  Welfare. 

Stearns,  Harry  N.,  . 

Cambridge,         .      7 

8th  Congressional,    . 

State  Administration. 

Stoeber,  Charles,       . 

Adams, 

3d  Berkshire, 

Bill  of  Rights. 

Stoneman,  David,    . 

Boston  (Roxbury),  . 

16th  Suffolk,       .      . 

Judiciary  (clerk). 

Sullivan,  Edmund  G.,    . 

Salem,    .... 

6th  Congressional,    . 

Judiciary. 

Sullivan,  Joseph  M.,  3      . 
Sullivan,  Michael  A.,      . 
Sullivan,  William  H.,      . 

Boston     (Charles- 
town). 
Lawrence,     . 

Boston  (Roxbury),  . 

4th  Suffolk,         .       . 
7th  Congressional,    . 
14th  Suffolk, 

Liquor  Traffic. 

Amendment  and  Codificatio 
of  the  Constitution. 
Bill  of  Rights. 

Sullivan,  William  J., 
Sweeney,  Edward  A., 

Boston     (East    Bos- 
ton). 
Attleboro,     . 

2d  Suffolk,  .       .       . 
1st  Bristol,  .       .       . 

Labor. 
Social  Insurance. 

Sweet,  Joseph  L.,     . 

Attleboro,     .       .    ~. 

15th  Congressional,  . 

Social  Welfare. 

Swig,  Louis, 

Taunton, 

3d  Bristol,    .      .      . 

Bill  of  Rights. 

Talbot,  Harry  R.,    . 

Plymouth,    . 

1st  Plymouth,    . 

Labor  (clerk). 

Tatman,  Charles  T., 

Worcester,    . 

4th  Congressional,    . 

The  General  Court. 

Theller,  Ralph  L.,    .      . 

New  Bedford,     . 

8th  Bristol,  .       .       . 

State  Finance. 

Thompson,  Edward, 

Beverly, 

19th  Essex,  . 

Social  Insurance. 

1  Mr.  Richardson  died  January  4,  1919. 

2  Mr.  Russell  died  June  22,  1917,  and  never  qualified  as  a  member. 
»  Mr.  Sullivan  was  not  seated  until  July  10,  1917. 


APPENDIX. 


88 


List  of  Members  of  the  Constitutional  Convention,  etc.  —  Con. 


NAME. 

Residence. 

District. 

Committees. 

Thompson,  Hubert  C.,  . 
Thompson,  John  L., 

Haverhill,    .       .       . 
North  Attleborough, 

3d  Essex,      .      .       . 
1st  Bristol,  .       .       . 

Amendment  and  Codification 
of  the  Constitution. 
Labor. 

Tilton,  Rufus  H.,     . 

Springfield,         .       . 

5th  Hampden,   . 

Taxation  (clerk). 

Trefry,  William  D.  T.,  . 

Marblehead,        .       . 

16th  Essex,  .       .       . 

Taxation. 

Turner,  Joseph, 

Fall  River,  .      .      . 

loth  Congressional,  . 

Public  Affairs. 

Twomey,  John  C.,    . 

Lawrence,     . 

6th  Essex,    .      .      . 

Contingent  Expenses  and  Pay- 
Roll. 

Underfill!,  Charles  L.,    . 

Somerville,  . 

9th  Congressional,    . 

Rules  and  Procedure,  Liquor 
Traffic  (chairman). 

Walcott,  Robert, 

Cambridge, 

3d  Middlesex,     .      . 

Bill  of  Rights. 

Walker,  George, 

New  Bedford,    . 

7th  Bristol,  . 

Military  Affairs. 

Walker,  Joseph,         .       . 
Walsh,  David  I.,       .       . 
Washburn,  Albert  H.,     . 
Washburn,  Charles  G.,  . 
Waterman,  George  B.,    . 

Brookline,    . 
Fitchburg,    .       .       . 
Middleborough,  . 
Worcester,    . 
Williamstown,     . 

At  large,       .      .      . 
At  large,       .      .      . 
7th  Plymouth,   . 
4th  Congressional,    . 
2d  Berkshire,      .       . 

Rules  and  Procedure,  Initia- 
tive and  Referendum. 
Rules  and   Procedure,   State 
Administration  (chairman). 
Amendment  and  Codification 
of  the  Constitution. 
Rules  and  Procedure,  Social 
Insurance  (chairman). 
State  Administration. 

Webster,  Francis  E., 

Waltham,     .      .      . 

5th  Middlesex,    .      . 

BUI  of  Rights. 

Webster,  George  P., 

Haverhill,     . 

4th  Essex,     . 

Suffrage. 

Weekes,  George  LeRoy,  . 

Harwich, 

2d  Barnstable,    . 

Social  Welfare  (clerk). 

Wellman,    Arthur    Hoi- 
brook. 
Wheeler,  William,      . 

Topsfield,     .       .       . 
Concord, 

10th  Essex,  .      .      . 
13th  Middlesex,  . 

Education  (chairman). 
Education. 

Wheelock,  Henry  H.,      . 

Fitchburg,    . 

12th  Worcester,  .       . 

Military  Affairs. 

Whipple,  Sherman  L.,    . 
White,  John  A.,         .       . 

Brookline,    . 
North  Brookfield,     . 

At  large,       .       .       . 
3d  Worcester,      . 

Rules  and  Procedure,  Initia- 
tive and  Referendum. 
Elections. 

Whitehead,  James,    .       . 

Fall  River,  .      .      . 

9th  Bristol,  . 

State  Administration. 

Whittier,  Eugene  P., 

Winthrop,     . 

21st  Suffolk,        .       . 

Education. 

Willett,  George  Franklin, 

Norwood, 

8th  Norfolk,       .      . 

State  Administration. 

Williams,  Fred  Homer,  . 
Wilson,  William  H., 

Brookline,    . 
Lowell,  .... 

2d  Norfolk,  .      .      . 
15th  Middlesex, 

Rules  and  Procedure,   Judi- 
ciary. 
Judiciary. 

Wing,  Herbert,  . 

Dartmouth, 

6th  Bristol,  .       .       . 

Suffrage. 

Winslow,  Guy  M.f    . 

Newton, 

4th  Middlesex,    .       . 

Education. 

Wonson,  Carlton  W., 
Wood,  Charles  J.,     .      . 

Gloucester,  . 
Cambridge,  . 

22d  Essex,    .      .      . 
2d  Middlesex,     .      . 

Contingent  Expenses  and  Pay- 
Roll  (clerk). 
Social  Insurance. 

Youngman,  William  S.,  . 

Boston  (Allston), 

25th  Suffolk,       .      . 

Initiative  and  Referendum. 

884  APPENDIX. 


OFFICERS  OF  THE   CONVENTION. 


JOHN  LEWIS  BATES,  President, Brookline. 

JAMES  W.  KIMBALL,  Secretary,       .       . Swampscott. 

FRANK  E.  BRIDGMAN,  Assistant  Secretary,    ....  Boston. 

THOMAS  F.  PEDRICK,  Sergeant-at-Arms,        ....  Lynn. 


APPENDIX. 


885 


RECORD  OF  MEMBERS  OF  THE  CONVENTION 
WHO  SERVED  IN  THE  WAR  WITH  GER- 
MANY. 

[See  Order  adopted  on  August  13,  1919.] 


Begley, 
John  S.,  of 
Holyoke. 


Bergengren, 
Roy  F., 
of  Lynn. 


Bird,  Charles 
S.,  Jr.,  of 
Walpole. 


Coughlan, 
William  J., 
of  Boston. 


Curtis, 

Charles  P.,  Jr. 
of  Boston. 


Enlisted  December  12,  1917;  in  Naval  Reserve  Flying  Corps, 
stationed  at  Naval  Air  Station,  Pensacola,  Fla.,  until  March  15, 
1918;  then  sent  to  aviation  ground  school  at  M.  I.  T.,  Cam- 
bridge, Mass.;  promoted  to  rank  of  ensign  July  15,  1918;  in- 
structor of  aerial  gunnery  and  bombing  at  Naval  Aviation 
Detachment,  M.  I.  T. ;  transferred  to  inactive  duty  December  9, 
1918. 

Commissioned  captain  of  ordnance,  U.  S.  A.,  July  7,  1918; 
assistant  ordnance  finance  manager,  Boston  district,  ordnance 
office,  July  24,  1918,  to  February  20}  1919;  ordnance  finance 
manager  February  20,  1919,  to  July  1,  1919;  member  Ordnance 
District  Claims  Board,  adjusting  munitions  contracts,  as  an  of- 
ficer, February  20,  1919,  to  July  1,  1919.  Civilian  member,  same, 
July  1  to  November  1,  1919;  applied  for  service  overseas  August 
20,  1918,  but  had  not  received  appointment  prior  to  armistice; 
agent  disbursing  officer,  Boston,  August,  1918,  to  July  1,  1919. 

Enlisted  directly  after  war  was  declared,  having  previously 
taken  some  months  of  army  training  at  "Western  Plattsburg" 
Officers'  Training  Camp,  Camp  Sheridan,  Chicago;  was  in 
Europe  during  season  of  first  Plattsburg;  went  with  first  con- 
tingent to  Plattsburg,  May,  1917;  trained  in  heavy  artillery  and 
was  made  captain;  at  Camp  Devens,  76th  Division,  303d  Field 
Artillery,  captain,  supply  company;  left  for  France  July  15, 
1918;  was  at  front  ten  days,  when  armistice  was  declared;  dis- 
charged in  April,  1919. 

Enlisted  Naval  Aviation  Corps  June  17,  1918;  detailed  to 
School  for  Pilots  at  M.  I.  T.,  Cambridge,  Mass.;  given  rating  of 
chief  quartermaster;  November  4,  1918,  detailed  to  patrol  station 
at  Chatham,  Mass.,  patrols  extending  from  Gloucester  to  Nan- 
tucket;  placed  on  inactive  duty  December  31,  1918;  given  pro- 
visional rating  of  ensign. 

Joined  naval  reserve  in  March,  1917;  entered  active  service 
August,  1917;  made  ensign  of  U.  S.  N.  R.  F.  September,  1917; 
went  to  naval  academy  at  Annapolis  February  1,  1918;  received 
temporary  commission  as  ensign  in  U.  S.  N. ;  ordered  to 
destroyer  "Duncan"  in  Queenstown,  Ire.,  serving  until  Octo- 
ber, 1918;  promoted  to  lieutenant,  junior  grade,  July  1,  1918; 


886 


APPENDIX. 


Donovan, 
James  A.,  of 
Lawrence. 


Ellis,  Theo- 
dore W.,  of 

Springfield. 


October  1,  1918,  ordered  to  destroyer  "Buchanan,"  building  at 
Bath,  Me.,  and  served  on  her  until  March,  1919,  when  ordered 
home;  discharged  March  31,  1919. 

Enlisted  and  called  to  active  duty  July  5,  1918,  at  Boston; 
course  at  M.  I.  T.  Aviation  School;  commissioned  ensign  in  U.  S. 
Naval  Flying  Corps  at  Pensacola,  Fla.,  October  28,  1918;  placed 
on  inactive  duty  there  January  8,  1919. 

Enlisted  August  27,  1917,  Officers'  Training  Camp,  Platts- 
burg  Barracks,  New  York;  assigned  to  Coast  Artillery  Officers' 
Training  Camp,  Fort  Monroe,  Va.,  September  27,  1917;  com- 
missioned captain  in  same  November  27,  1917;  assigned  as 
instructor  to  Coast  Artillery  School,  Fort  Monroe,  Va. ;  trans- 
ferred to  coast  defences  of  Chesapeake  Bay  March  1,  1918; 
assigned  to  command  Coast  Artillery  Company  and  Battery 
Eustis,  a  10-inch  gun  battery;  assigned  to  command  Battery  A, 
4th  Trench  Mortar  Battalion,  A.  E.  F.,  at  Camp  Eustis,  Virginia, 
June  25,  1918;  went  overseas  September,  1918;  remained  in  or 
near  Vitrey,  France,  until  the  armistice;  returned  to  the  United 
States,  and  was  discharged  February  7,  1919. 

Enlisted  in  United  States  navy  in  June,  1918,  as  dental  sur- 
geon in  the  medical  corps,  receiving  the  rank  of  lieutenant,  junior 
grade;  assigned  to  Harvard  Radio  School,  then  to  Bumkin  Island 
Training  School;  promoted  December  26,  1918,  to  rank  of  full 
grade  lieutenant;  placed  on  inactive  list  at  his  own  request  in 
May,  1919. 

Enlisted  Massachusetts  State  Guard  March,  1917;  sergeant,  May 
15,  1917;  commissioned  captain  and  adjutant  12th  Regiment  In- 
fantry, M.  S.  G.,  July  27,  1917;  organized  and  administered  regi- 
mental headquarters  until  August,  1918;  commissioned  major, 
judge  advocate,  U.  S.  A.,  August  9,  1918;  detailed  to  office  of  Judge 
Advocate  General  of  the  army  at  Washington,  D.  C.;  appointed 
officer  in  charge  of  War  Laws  and  Librarian  Division  September, 
1918  [in  which  capacity  he  was  still  serving  at  the  time  this  page 
went  to  press];  commissioned  lieutenant  colonel,  judge  advocate, 
September  8,  1919. 

Enlisted  in  second  Plattsburg  August,  1917;  graduated  there 
November  21,  1917,  with  rank  of  2d  lieutenant;  promoted  to  1st 
lieutenant  in  July,  1918;  November  4,  1918,  promoted  to  captain 
while  in  the  Argonne,  France;  with  Co.  F,  53d  Pioneer  Infantry, 
at  Camp  Wadsworth,  from  January,  1918,  until  sailing  overseas, 
August  1,  1918,  and  until  the  regiment  sailed  for  home  in  April, 
1919;  at  Camp  Wadsworth  was  assistant  judge  advocate,  later 
assistant  director  of  "Officers'  Schools,"  and  assistant  adjutant; 
in  France,  assistant  adjutant,  then  adjutant;  transferred  to 
United  States  Liquidation  Commission  the  day  before  his  regi- 
ment sailed  for  home. 

KfeBy'tukeL"  Enlisted  September  3,  1918;  sent  to  Central  Officers'  Training 
School,  Camp  Taylor,  Louisville,  Ky.;  member,  24th  Training 
Battery;  discharged  Nov.  28,  1918,  before  completing  the  course. 


Good,  John 
P.,  of 

Cambridge. 


Hawley, 
Truman  R., 
of  Maiden. 


Howard, 
Charles  P., 
of  Reading. 


APPENDIX. 


887 


Marshall, 
Daniel  J.,  of 
Worcester. 


Martin, 
Daniel  A., 
of  Holyoke. 


McCaffrey, 
George  H.,  Jr. 
of  Boston. 


McCormack, 
John  W., 
of  Boston. 


Murphy, 
John  L., 
of  Chelsea. 


Perry, 

Augustus  W., 
of  Boston. 


Twomey, 
John  C.,  of 
Lawrence. 


Wheel  ock, 
Henry  H., 
of  Fitchburg. 


I 


Enlisted  November  27,  1917;  commissioned  1st  lieutenant, 
Field  Artillery,  Officers'  Reserve  Corps;  assigned  Camp  Zachary 
Taylor,  Kentucky;  discharged  December  11,  1918. 

Enlisted  as  private  September  5,  1917;  sailed  for  France 
September  23,  1917,  with  Battery  D,  102d  Division;  served 
with  same  until  April,  1918,  through  the  Soissons  defensive; 
later  with  army  artillery,  serving  in  St.  Mihiel  September  12 
to  18,  1918,  and  first  Argonne  offensive  September  21  to  No- 
vember 11,  1918,  when  armistice  was  declared;  sailed  for  the 
United  States  May  6,  1919,  after  being  twenty-one  months  in 
service  of  A.  E.  F.;  discharged  as  sergeant  May  21,  1919. 

Enlisted  in  second  Officers'  Training  Camp  at  Plattsburg 
Barracks,  New  York,  August  25,  1917;  commissioned  1st 
lieutenant  of  infantry  November  26,  1917,  and  assigned  to  Camp 
Dix,  New  Jersey;  assistant  to  division  adjutant,  78th  Division, 
from  December,  1917,  to  April,  1918;  assigned  to  Co.  B,  310th 
Infantry,  April,  1918,  and  went  overseas  With  it  in  May,  1918; 
assistant  and  understudy  to  chief  of  Operations  Section,  General 
Staff,  78th  Division  Headquarters,  in  June,  1918;  served  in  St. 
Mihiel  and  Argonne  campaigns;  promoted  to  captain  of  infantry 
March,  1919;  ordered  to  Poland  with  convoys  of  Polish  troops, 
passing  through  Germany  in  April,  1919,  remaining  on  that  duty 
to  July,  1919;  landed  in  the  United  States  July  18,  1919;  dis- 
charged at  Camp  Devens  August  5,  1919. 

Enlisted  June  22,  1918,  at  Camp  Devens;  private,  corporal, 
sergeant  of  14th  Company,  151st  Depot  Brigade;  transferred 
October  10,  1918,  to  Infantry  Replacement,  Camp  Lee,  Virginia; 
discharged  November  23,  1918,  as  officers'  candidate  in  Central 
Officers'  Training  School,  Camp  Lee. 

Enlisted  Plattsburg  Training  Camp  August  27;  there  until 
November  27,  1917,  when  commissioned  2d  lieutenant,  infantry; 
attached  to  Co.  I.,  313th  Infantry,  Camp  Meade,  Maryland; 
promoted  to  1st  lieutenant  May  16,  1918;  transferred  to  Camp 
Lee,  Virginia,  as  judge  advocate  of  special  court  martial,  serving 
until  discharged,  April  22,  1919. 

Enlisted  in  United  States  navy  October  18,  1917;  rated  yeoman, 
first-class;  discharged  for  disability,  Naval  Hospital,  Chelsea, 
Mass.,  July  13,  1918. 

Enlisted  July  11,  1918,  in  U.  S.  N.  R.  F.;  discharged  Decem- 
ber 10,  1918;  on  inactive  duty;  rated  yeoman,  first  class,  at  all 
times. 

Enlisted  July  13,  1909,  Co.  I,  6th  Infantry;  2d  lieutenant, 
battalion  quartermaster  and  commissary,  June  14,  1910;  captain 
of  supply  company  Dec.  3,  1912;  ordered  out  with  his  regiment 
April  27,  1917,  on  war  with  Germany;  transferred  from  6th 
Division  September  6,  1917,  to  26th  Division;  left  for  France 
with  that  division;  served  in  France  nineteen  months;  Septem- 
ber 18,  1918,  transferred  to  command  101st  supply  train;  pro- 
moted to  major,  Q.  M.  C.,  October  16,  1918;  returned  to  the 
United  States  with  26th  Division,  commanding  101st  supply 


888  APPENDIX. 

train;  discharged  at  Camp  Devens  May  3,  1919;  cited  by 
General  Pershing  for  "exceptionally  meritorious  and  conspicuous 
service  as  representative  of  the,  Q.  M.  C.  with  the  26th  Division, 
A.  E.  F." 

wmSnTs11'          Assistant  director  United  States   Shipping  Board  Emergency 
of  Boston.'       Fleet  Corporation,  in  charge  of  section  at  Philadelphia,  Pa.,  in- 
cluding Secret  Service  and  Plant  Protection;   commissioned,  1918, 
captain,  Q.  M.  C.,  U.  S.  A.;    appointed  assistant  to  zone  supply 
officer,  Atlanta,  Ga. 


APPENDIX.  889 


FINAL  RULES  OF  THE   CONVENTION. 

[See  original  set  of  rules  on  pages  35-42.) 


THE  PRESIDENT. 

1.  The  President  shall  take  the  chair  at  the  hour  to  which  the 
Convention  is  adjourned;    shall  call  the  members  to  order;    and 
on  the  appearance  of  a  quorum  shall  proceed  to  business. 

2.  He  shall  preserve  order;   may  speak  to  points  of  order;   and 
shall  decide  all  questions  of  order,  subject  to  an  appeal  to  the 
Convention,  if  seconded,  and  no  other  business  shall  be  in  order 
until  the  question  on  the  appeal  shall  have  been  decided. 

[Amended  September  18,  1917,  —  see  page  245.] 

3.  He  shall  declare  all  votes;   but  if  any  member  doubts  a  vote 
he  shall  order  a  return  of  the  number  voting  in  the  affirmative 
and  in  the  negative,  without  further  debate.     When  a  vote  is 
doubted,  the  members  for  or  against  the  question,  when  called  by 
the  President,  shall  rise  and  stand  until  counted. 

4.  He  shall  rise  to  put  a  question,  or  to  address  the  Conven- 
tion, but  may  read  sitting.    In  all  cases  he  may  vote. 

5.  He  may  require  any  motion  to  be  reduced  to  writing. 

6.  When  two  or  more  members  rise  at  once  he  shall  name  the 
member  who  is  to  speak  first. 

7.  He  may  name  a  member  to  perform  the  duties  of  the  Chair, 
but  such  substitution  shall  not  extend  beyond  three  days. 

8.  If  the  President  or  the  member  appointed  to  the  chair  shal 
be  absent  at  the  hour  to  which  the  Convention  is  adjourned,  the 
Secretary  shall  call  the  Convention  to  order  and  shall  preside 
until  a  President  pro  tempore  is  elected,  which  shall  be  the  first 
business. 

9.  The  President  shall  have  the  general  control  of  the  Con- 
vention  Chamber  and   galleries   and  the  rooms   adjoining.     No 
person,  excepting  members,  officers  and  attendants  of  the  Con- 
vention, and  such  persons  as  may  be  invited  by  the  Convention 
or  by  the  President,  shall  be  admitted  within  the  bar.    The  chair- 
man of  the  Committee  of  the  Whole,  during  the  sitting  of  such 
committee,  shall  have  like  powers. 


MONITORS. 


tlO.  The  President  shall  appoint  two  monitors  for  each  division, 
ivhose  duty  it  shall  be  to  see  that  the  rules  and  orders  are  duly 
observed,  and,  on  demand  of  the  President,  to  return  the  number 
of  votes  or  members  in  their  respective  divisions. 


890  APPENDIX. 


SECRETARY. 

11.  The  Secretary  shall  enter  in  the  Journal  of  the  Convention 
a   record   of   its   proceedings,    and   shall   prepare   a   Calendar   of 
matters  in  order  for  consideration,  matters  lying  on  the  table,  and 
such  other  memoranda  as  the  Convention  or  the  President  may 
direct,  each  to  be  printed  daily. 

12.  Every  question  of  order  shall  be  noted  by  the  Secretary, 
with  the  decision  thereon,  and  shall  be  entered  at  large  in  the 
Journal. 

MEMBERS. 

13.  No  member  shall  be  absent  more  than  two  days  without 
leave  of  the  Convention,  nor  absent  himself  from  the  Convention 
without  leave  unless  there  be  a  quorum  without  his  presence. 
When  it  appears  to  the  President  that  the  presence  of  a  quorum 
is  endangered,  he  shall  order  the  doors  closed  until  the  Convention 
takes  action  thereon. 

14.  Every  member  present  in  the  Convention  when  a  question 
is  put  shall  give  his  vote,  unless  the  Convention  for  special  reasons 
shall  excuse  him.     A  member  desiring  to  be  excused  shall  make 
application  therefor,  with  a  brief  statement  of  his  reasons,  before 
a  division  or  before  the  calling  of  the  yeas  and  nays,  and  the 
same  shall  be  decided  without  debate.     The  pairing  of  members 
shall  not  be  recognized. 

15.  Every  member,  when  about  to  speak,  shall  rise  and  address 
the  President,  shall  confine  himself  to  the  question  under  debate, 
and  avoid  personalities.     No  member  shall  speak  out  of  his  place 
without  leave  of  the  President,  and  upon  the  taking  of  any  vote 
the  President  may  require  that  all  members  shall  resume  and  remain 
in  their  places  until  final  verification  of  the  vote. 

[Amended  September  18,  1917,  — see  page  245.] 

16.  No  member  speaking  shall  be  interrupted  by  another  but 
by  rising  to  call  to  order. 

17.  No  member  shall  mention  in  debate  another  member  by 
his  name,  but  may  describe  him  by  such  designation  as  may  be 
intelligible  and  respectful. 

18.  No  member  shall  speak  more  than  once  to  the  prevention 
of  others  who  have  not  spoken;    nor  shall  any  member  speak  on 
any  question  more  than  thirty  minutes  in  all,  unless  the  Conven- 
tion votes  an  extension  of  his  time,  which  shall  not  exceed  thirty 
minutes:    provided,  however,  that,  in  debate  on  the  questions  on 
passing  a  resolution  to  be  engrossed  and  on  submitting  a  pro- 
posal to  the  people,  members  shall  be  limited  to  five  minutes 
each. 

[Amended  June  12  and  August  14,  1918,  —  see  pages  617  and  800.] 

19.  No  member  shall  be  permitted  to  stand,  to  the  interruption 
of  another,  while  any  member  is  speaking,  nor  to  pass  unneces- 
sarily between  the  President  and  the  member  speaking,  nor  shall 
any  member  be  permitted  to  stand  in  the  aisles  or  the  area  in 
front  of  the  President's  desk  during  the  session  of  the  Convention, 


APPENDIX.  891 

except,  after  recognition  by  the  Chair,  for  the  purpose  of  speaking 
therefrom,  nor  to  stand  at  the  Secretary's  desk  during  a  roll  call. 

[Amended  June  12,  1918,  — see  page  617.] 

20.  When  any  member  shall  be  guilty  of  a  breach  of  any  rule 
or  order  of  the  Convention,  he  may  be  required,  on  motion,  to 
make  satisfaction  therefor,  and  shall  not  be  allowed  to  vote  or 
speak,  except  by  way  of  excuse,  until  he  has  so  done. 

21.  All  papers  belonging  to  the  Convention,  in  the  possession 
of  a  member  obtaining  leave  of  absence,  shall  be  left  by  him  with 
the  Secretary. 

QUOKUM. 

22.  One  hundred  and  sixty-one  members  present  in  the  Con- 
vention Chamber  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  motion  to  go  into  Committee  of  the  Whole  may 
be  entertained  whenever  one  hundred  members  are  present. 

COMMITTEES. 

23.  Standing  committees  shall  be  appointed  as  follows:  — 

A  committee  on  Rules  and  Procedure,  to  consist  of  the  Presi- 
dent, who  shall  be  chairman  of  the  committee,  and  eighteen  other 
members. 

A  committee  on  Bill  of  Rights; 

A  committee  on  The  General  Court; 

A  committee  on  Initiative  and  Referendum; 

A  committee  on  Suffrage; 

A  committee  on  State  Finance; 

A  committee  on  Taxation; 

A  committee  on  Public  Affairs; 

A  committee  on  Social  Welfare; 

A  committee  on  Labor; 

A  committee  on  the  Liquor  Traffic; 

A  committee  on  Social  Insurance; 

A  committee  on  the  Executive; 

A  committee  on  State  Administration; 

A  committee  on  Municipal  Government; 

A  committee  on  County  and  District  Government; 

A  committee  on  Military  Affairs; 

A  committee  on  the  Judiciary; 

A  committee  on  Judicial  Procedure; 

A  committee  on  Education; 

A  committee  on  Amendment  and  Codification  of  the  Consti- 
tution; 

Each  to  consist  of  fifteen  members. 

A  committee  on  Elections,  to  consist  of  nine  members. 

A  committee  on  Contingent  Expenses  and  Pay-Roil; 

A  committee  on  Form  and  Phraseology; 

Each  to  consist  of  five  members. 

24.  All  committees  shall  be  appointed  by  the  President,  unless 
otherwise    ordered   by    the    Convention,    and    the    member   first 
named  shall  be  chairman. 


892  APPENDIX. 

25.  With  the  approval  of  the  committee  on  Rules  and  Pro- 
cedure a  committee  may  originate,  without  specific  reference,  any 
proposal  for  amendment  of  the  Constitution  which  falls  within 
the  proper  province  of  such  committee. 

26.  A  proposal  for  amendment  of  the  Constitution  reported  by 
a  committee,  based  on  a  specific  reference  or  references,  shall  not 
be  open  to  the  point  of  order  that  it  contains  matter  not  within 
the  scope  of  the  reference. 

27.  Reports  of  committees,  except  as  provided  in  Rule  33,  shall 
be  acted  upon  when  received,  or  placed  in  the  Orders  of  the  Day 
for  the  next  session,  at  the  discretion  of  the  Chair.     Upon  the 
adoption  of  this  rule  the  Committee  of  the  Whole  shall  stand  dis- 
charged of  all  matters  pending  on  its  docket,  and  such  matters, 
in  the  same  order,  shall  be  placed  in  the  Orders  of  the  Day  for 
the  next  session  of  the  Convention. 

[Amended  June  12,  1918,  —  seepage  617.] 

28.  Proposals  to  amend  the  Constitution  in  their  third  reading, 
or  after  material  amendment  in  any  later  stage,  shall  be  referred 
to   the   committee   on   Form   and   Phraseology  for   examination, 
correction  and  report.     When  a  proposal  has  been  so  referred  it 
shall  not  be  acted  upon  by  the  Convention  until  report  thereon 
has  been  made  by  the  committee.     The  President  may  at  any 
time  direct  the  committee  to  report  forthwith. 

[Amended  November  7,  1917,  —  see  page  428.] 

29.  The  committee  on  Form  and  Phraseology  shall  examine 
and  correct  the  proposals  to  amend  the  Constitution  which  are 
referred  to  it,  for  the  purpose  of  avoiding  repetitions,  insuring 
accuracy  in  the  text,  and  consistency:   provided,  that  any  change 
in  the  sense  or  legal  effect  or  any  material  change  in  the  con- 
struction shall  be  reported  to  the  Convention  as  an  amendment. 

30.  No  committee,  except  the  committee  on  Rules  and  Pro- 
cedure, shall  sit  during  the  sessions  of  the  Convention  or  of  the 
Committee  of  the  Whole,  except  by  leave  of  the  Convention. 

COMMITTEE  OF  THE  WHOLE. 

31.  When  the  Convention  determines  to  go  into  Committee  of 
the  Whole,  the  President  shall  appoint  the  member  who  shall 
take  the  chair. 

32.  The  rules  of  the  Convention  so  far  as  applicable  shall  be 
observed  in  Committee  of  the  Whole,  except  that  one  hundred 
members  shall  constitute  a  quorum;    it  cannot  refer  a  matter  to 
any  other  committee;   it  cannot  adjourn;    a  motion  for  indefinite 
postponement  shall  not  be  in  order;   the  yeas  and  nays  shall  not 
be  called;   and  a  member  may  speak  more  than  once.     The  com- 
mittee shall  have  the  same  powers  as  the  Convention  to  enforce 
the  attendance  of  members;   and  the  Secretary  and  the  Sergeant- 
at-Arms  shall  be  the  secretary  and  sergeant-at-arms,  respectively, 
of  the  Committee  of  the  Whole. 

[Amended  June  12,  1918,  —  see  page  618.] 


APPENDIX.  893 


PROCEDURE. 

33.  If  a  committee  reports  favorably  on  a  proposal  to  amend 
the  Constitution,  and  if  the  proposal  has  been  read  but  once,  it 
shall  go  to  a  second  reading  without  question;    otherwise  it  shall 
be  placed  in  the  Orders  of  the  Day  for  the  next  session,  pending 
the  question  on  ordering  to  a  third  reading. 

[Amended  August  21,  1917,  and  June  12,  1918,  — see  pages  182  and  618.] 

34.  If   a   committee   reports   that   a   proposal   to   amend   the 
Constitution  ought  not  to  pass,  it  shall  be  placed  in  the  Orders  of 
the  Day  for  the  next  session,  and  shall  then  be  open  to  amend- 
ment, pending  the  question  on  rejection.    If  rejection  is  negatived, 
the  proposal,  if  it  has  been  read  but  once,  shall  go  to  a  second 
reading  without  question;    otherwise  it  shall  be  placed  in  the 
Orders  of  the  Day  for  the  next  session,  pending  the  question  on 
ordering  to  a  third  reading. 

[Amended  August  21,  1917,  and  June  12,  1918,  —  see  pages  182  and  618.] 

35.  All  proposals  to  amend  the  Constitution  shall  embody  a 
draft  of  the  proposed  amendment,  and  each  proposal  shall  be 
filed  by  a  member  of  the  Convention  with  the  Secretary  before 
five  o'clock  P.M.,  June  25,  1917,  and  by  him  be  submitted  to  the 
President,  who  shall  read  the  proposals  and,  with  the  consent  of 
the  Convention,  refer  them  to  the  appropriate  committees,  or  to 
the  Committee  of  the  Whole. 

36.  No  proposition  shall  be  introduced  or  brought  before  the 
Convention  unless  it  relates  directly  to  its  business.     This  rule 
shall  not  be  suspended  except  by  vote  of  four-fifths  of  the  mem- 
bers present  and  voting. 

37.  If  any  member  of  the  Convention  shall  so  request,   any 
order  or  resolution  which  shall  be  proposed  for  adoption,  or  any 
motion  which  in  the  opinion  of  the  Chair  should  not  be  con- 
sidered without  further  notice,  shall  be  postponed  until  the  next 
session  without  question. 

[Amended  June  12,  1918,  —  see  page  618.] 

38.  The  unfinished  business  in  which  the  Convention  was  en- 
gaged at  the  time  of  the  last  adjournment  shall  have  precedence 
in  the  Orders  of  the  Day,  after  motions  to  reconsider. 

39.  No  matter  which  has  been  duly  placed  in  the  Orders  of  the 
Day   shall   be   discharged   therefrom,   or   considered   out   of   the 
regular   course,   except   by   vote   of   four-fifths   of   the   members 
present  and  voting. 

PRECEDENCE  OF  MOTIONS. 

40.  When  a  question  is  under  debate,  no  motion  shall  be  enter- 
tained but  to  adjourn,  to  lay  on  the  table,  for  the  previous  ques- 
tion, to  close  debate  at  a  specified  time,  to  postpone  to  a  day 
certain,  to  commit  or  recommit,  to  amend,  or  to  postpone  in- 
definitely;   which  several  motions  shall  have  precedence  in  this 
order. 

41.  All  questions  shall  be  put  in  the  order  in  which  they  are 
moved,  unless  the  subsequent  motion  be  previous  in  its  nature; 


894  APPENDIX. 

except  that  in  naming  sums  and  fixing  times  the  largest  sum  and 
the  longest  time  shall  be  put  first. 

42.  No  motion  or  proposition  of  a  subject  different  from  that 
under  consideration  shall  be  admitted  under  color  of  amendment. 

43.  Any  member  may  call  for  the  division  of  a  question  which 
is  in  its  nature  divisible.     A  motion  to  strike  out  and  insert  shall 
be  deemed  indivisible;   but  a  motion  to  strike  out. being  lost,  shall 
neither  preclude  amendment  nor  a  motion  to  strike  out  and  insert. 

44.  After  a  motion  is  stated  by  the  President,  it  shall  be  in 
possession  of  the  Convention,  and  shall  be  disposed  of  by  its  vote; 
but  the  mover  may  withdraw  it,  unless  objection  is  made,  at  any 
time  before  a  decision  or  amendment,  except  a  motion  to  recon- 
sider, which  shall  not  be  withdrawn'  after  the  time  has  elapsed 
within  which  it  originally  could  be  made. 

45.  A  motion  to  adjourn  shall  always  be  in  order;    and  that 
motion,  or  a  request  for  the  yeas  and  nays,  shall  be  decided  with- 
out debate.     On  motions  to  lay  on  the  table,  to  take  from  the 
table,  to  close  debate  at  a  specified  time,  to  postpone  or  adjourn 
to  a  day  certain,  to  commit  or  recommit,  and  for  suspension  of 
any  rule,  and  upon  an  appeal  from  the  decision  of  the  Chair,  de- 
bate shall  be  limited  to  ten  minutes,  and  no  member  shall  speak 
more  than  three  minutes.     The  statement  of  any  question  of 
personal  privilege  shall  be  limited  to  five  minutes. 

[Amended  September  18,  1917,  and  June  12,  1918,  —  see  pages  245  and  618.] 

PREVIOUS  QUESTION. 

46.  The  previous  question  shall  be  put  in  the  following  form: 
"Shall  the  main  question  be  now  put?"     Debate  upon  the  main 
question  shall  be  suspended  until  the  previous  question  is  de- 
cided.    On  the  previous  question  debate  shall  be  limited  to  ten 
minutes,  and  no  member  shall  speak  more  than  three  minutes, 
nor  more  than  once  without  leave;   and  all  incidental  questions  of 
order,  arising  after  a  motion  is  made  for  the  previous  question, 
shall  be  decided  without  debate,  except  on  appeal,  duly  seconded, 
and  on  such  appeal  no  member  shall  be  allowed  to  speak  more 
than  once  without  leave.     If  the  previous  question  is  ordered, 
twenty  minutes  shall  be  allowed  for  general  debate,  no  member  to 
speak  more  than  five  minutes,  after  which  the  member  in  charge 
of  the  measure  shall  have  not  exceeding  ten  minutes,  and  the 
vote  shall  be  taken  forthwith  upon  amendments  reported  by  a 
committee,  upon  other  pending  amendments,  and  then  upon  the 
main  question. 

[Amended  June  12,  1918,  —  see  page  619.] 

47.  A  member  may  move  that  the  question  be  now  put  upon 
the  pending  amendment  next  in  order,  and  if  such  motion  pre- 
vails the  member  offering  the  amendment  and  the  member  in 
charge  of  the  measure  shall  each  have  not  exceeding  five  minutes, 
and  thereupon  the  vote  shall  be  taken  on  the  adoption  of  such 
amendment  and  amendments  pending  thereto. 

[Adopted  June  12,  1918,  —  see  page  619.] 


APPENDIX.  895 


RECONSIDERATION. 

48.  When  a  vote  has  passed,  it  shall  be  in  order  for  any  mem- 
ber to  move  a  reconsideration  thereof  on  the  same  or  the  succeed- 
ing day,  and  such  motion,  if  made  on  the  same  day,  shall  be 
placed  first  in  the  Orders  of  the  Day  succeeding,  and  if  made  on 
the  succeeding  day  it  shall  be  made  before  the  Orders  of  the  Day 
are  taken  up.    A  motion  to  reconsider  being  rejected,  shall  not  be 
renewed,  nor  shall  any  subject  be  a  second  time  reconsidered: 
provided,  that  a  motion  to  reconsider  a  vote  upon  a  collateral 
matter,  shall  not  remove  the  main  subject  under  consideration 
from  before  the  Convention,  but  shall  be  considered  when  made. 
Debate    on    motions    to   reconsider    shall    be   limited   to    thirty 
minutes,  and  no  member  shall  speak  more  than  five  minutes;   but 
on  a  motion  to  reconsider  a  vote  upon  any  collateral  matter  de- 
bate shall  be  limited  to  ten  minutes,  and  no  member  shall  speak 
more  than  three  minutes. 

YEAS  AND  NAYS. 

49.  On  all  questions  the  sense  of  the  Convention  shall  be  taken 
by   yeas   and   nays,    provided   forty   members   so   require.      No 
member  shall  be  allowed  to  vote  who  enters  the  Convention  after 
the  vote  is  declared.     The  names  of  the  members  shall  be  called 
in  alphabetical  order. 

READINGS  AND  ENGROSSMENT. 

50.  Every  proposal  to  amend  the  Constitution  shall  be  read  in 
Convention  on  three  several  days  and  be  referred  to  and  reported 
upon  by  the  committee  on  Form   and   Phraseology  before  it  is 
engrossed. 

51.  Proposals  to  amend  the  Constitution  shall  be  read  by  their 
titles  only,  unless  the  full  reading  is  requested. 

52.  Proposals  to  amend  the  Constitution  shall  be  engrossed 
under  the  direction  of  the  President. 

53.  After  a  proposal  to  amend  the  Constitution  has  been  en- 
grossed it  shall  not  be  amended.     The  question  shall  be  on  sub- 
mitting the  same  to  the  people. 

ELECTIONS. 

54.  In  all  elections  a  time  shall  be  designated  therefor  at  least 
one  day  previous  thereto,  except  in  cases  arising  under  Rule  8. 

COUNSEL  AND  AGENTS. 

55.  The  provisions  of  Chapter  3   of  the  Revised  Laws,   and 
acts  in  amendment  thereof,  relating  to  legislative  counsel  and 
agents,   shall  apply  to  counsel  and  agents  in  all  matters  con- 
nected with  the  Convention.     The  Sergeant-at-Arms  shall  have 
charge  of  the  enforcement  of  this  rule,  under  the  direction  of  the 
President. 


896  APPENDIX. 


SUSPENSION,  AMENDMENT  AND  REPEAL. 

56.  No  rule  or  standing  order  of  the  Convention  shall  be  dis- 
pensed with,  altered  or  repealed,  except  by  vote  of  two-thirds  of 
the  members  present;  but  this  rule,  and  Rules  22,  28,  37,  42  and 
48,  shall  not  be  dispensed  with  except  by  unanimous  consent; 
and  Rule  35  shall  not  be  suspended  until  the  motion  to  suspend 
has  been  referred  to  and  reported  upon  by  the  committee  on 
Rules  and  Procedure. 

[Amended  June  12,  1918,  —  see  page  619.] 


APPENDIX. 


897 


FINAL  LIST  OF  COMMITTEES  AND  MONITORS 
OF  THE   CONVENTION. 


COMMITTEES   OF  THE  CONVENTION. 


On  Rules  and  Procedure. 


THE  PRESIDENT. 


Messrs.  LUCE,    . 

WHIPPLE,     . 

PARKER, 

WALSH, 

PlLLSBURY,   . 

CURTIS,  EDWIN  U., 

MALONE,  1    . 
WALKER, 
POWERS, 
BOYNTON,     . 
WILLIAMS,    . 
HALL,    . 
QUINCY, 
UNDERBILL, 
Ross,    . 
WASHBURN, 
PELLETIER,  . 

HlBBARD, 

GEORGE,  2     . 


of  Waltham. 
of  Brookline. 
of  Lancaster, 
of  Fitchburg. 
of  WeUesley. 
of  Boston, 
of  Greenfield, 
of  Brookline. 
of  Newton, 
of  Everett, 
of  Brookline. 
of  Taunton. 
of  Boston, 
of  Somerville. 
of  New  Bedford, 
of  Worcester, 
of  Boston, 
of  Pittsfield. 
of  Haverhill. 


On  Contingent  Expenses  and  Pay-Roll. 

Messrs.  CURTIS,  .  of  Revere. 

WONSON,*  .  of  Gloucester. 

TWOMEY,  .  of  Lawrence. 

NESTOR,  .  of  Lowell. 

BIRD,  3  .  .  of  Walpole. 


Messrs.  LORING, 

BLACKMUR,  . 
BARTLETT,  . 
ELLIS,  4 

McCORMACK, 
HOBBS,  2 


On  Form  and  Phraseology. 

of  Beverly, 
of  Quincy. 
of  Newburyport. 
of  Springfield, 
of  Boston, 
of  Worcester. 


*  Clerk. 

i  Died  August  13,  1917. 

*  Appointed  September  20,  1917. 

3  Appointed  October  16,  1917. 

4  Resigned  from  committee  August  22,  1917. 


898  APPENDIX. 


On  Amendment  and  Codification  of  the  Constitution. 

Messrs.  HART, of  Cambridge. 

WASHBURN, of  Middleborough. 

RICHARDSON, of  Newton. 

BOLSTER, of  Boston. 

SULLIVAN, .of  Lawrence. 

THOMPSON, of  Haverhill. 

MclsAAC, .       .of  Boston. 

COOK, of  Northampton. 

HORGAN,* of  Boston. 

GARLAND, of  Somerville. 

DORAN, of  New  Bedford. 

CROSSLEY,    .       . of  Fall  River. 

COUGHLAN,  .......  of  Boston. 

O'CONNOR, of  Chicopee. 

CREED,  .       . of  Boston. 


On  Bill  of  Rights. 

Messrs.  CURTIS,  EDWIN  U., of  Boston. 

COOLIDGE, of  Milton. 

LOMASNEY, of  Boston. 

BARNES,* of  Weymouth. 

ANDERSON, of  Newton. 

PELLETIER, of  Boston. 

DOE,     .  of  Franklin. 

SULLIVAN,  WILLIAM  H.,  .       .        .        .of  Boston. 

SWIG, of  Taunton. 

WALCOTT, .  of  Cambridge. 

STOEBER, of  Adams. 

CHANDLER, of  Somerville. 

WEBSTER, of  Waltham. 

CALLAHAN, of  Boston. 

MERRILL,     .       .       .       .       .       .       .of  Gloucester. 


On  County  and  District  Government. 

Messrs.  JONES, of  Melrose. 

KELIHER,     .       .       .       .       .       .       .of  Boston. 

HALE, of  Haverhill. 

BALLANTYNE, of  Boston. 

DERBYSHIRE, of  Lawrence. 

LYMAN, of  Easthampton. 

MANCOVITZ,*       .       .       .       .       .       .of  Boston. 

DELANO, of  Wareham. 

BOWEN, of  Boston. 

DAVIS,  .       .       .       .       .       .       .       .of  Cambridge. 

HOWARD, of  Reading. 

CRAFTS, of  Whately. 

HARRINGTON, of  Fall  River. 

LANE, of  Dighton. 

KELLEY,  THOMAS  R.,         .       .       .       .of  Boston. 

*  Clerk. 


APPENDIX. 


On  Education. 


Messrs.  WELLMAN,  . 

WHEELER,  . 
COOMBS,* 

WINSLOW,  . 

BOYDEN, 
CUMMINGS,    . 
LlNKE,   . 

HALL,    . 
Foss,     . 
WHITTIER,    . 
DONNELLY,  . 
CHASE,  . 

KELLY,  LUKE  L., 
PEIRCE, 
DALY,  JOHN  W., 


of  Topsfield. 

of  Concord. 

of  Worcester. 

of  Newton. 

of  Deerfield. 

of  North  Brookfield. 

of  West  Springfield. 

of  North  Adams. 

of  Springfield. 

of  Winthrop. 

of  Lawrence. 

of  Lynn. 

of  Boston. 

of  Methuen. 

of  Lowell. 


On  Elections. 

Messrs.  GEORGE, 

DEAN,* 

MOORE, 

PERRY,         ...... 

WHITE, 

GREEN, 

RAY,      .              .              ... 
DRISCOLL,  TIMOTHY  J.,     . 
PETERSON,    


of  Haverhill. 

of  Fall  River. 

of  Swampscott. 

of  Boston. 

of  North  Brookfield. 

of  Boston. 

of  Sutton. 

of  Boston. 

of  Brockton. 


On  the  Executive. 


Messrs.  QUINCY, 
ADAMS, 
BENTON, 
LUFKIN, 
DALE,    . 
BOYER, 
FLYNN, 
MANSFIELD, 
GRANFIELD, 
RIEUTORD, 

BURRELL, 

GATES,* 
NUTTING, 

McKEON, 

LOVE,    . 


of  Boston, 
of  Quincy. 
of  Belmont. 
of  Essex. 
of  Watertown. 
of  Lynn, 
of  Maiden, 
of  Boston, 
of  Springfield, 
of  Southbridge. 
of  Medford. 
of  Westborough. 
of  Leominster. 
of  Worcester, 
of  Webster. 


Messrs.  MALONE,  ' 
LUCE,    . 
CROSBY, 
GIDDINGS,* 


On  the  General  Court. 


of  Greenfield. 

of  Waltham. 

of  Arlington. 

of  Great  Barrington. 


*  Clerk. 

i  Died  August  13,  1917. 


900 


APPENDIX. 


Messrs.  KINNEY, 
TATMAN, 
GAYLORD, 
REIDY,  . 
MORAN, 

MORRILL, 

FISHER, 
GARTLAND, 
QUINN,  . 
SMITH,  . 
MOYNIHAN, 


of  Boston, 
of  Worcester, 
of  South  Hadley. 
of  Boston, 
of  Fall  River, 
of  Haverhill. 
of  Westford. 
of  Boston, 
of  Sharon, 
of  Provincetown. 
of  Boston. 


On  Initiative  and  Referendum. 


CUMMINGS,   . 
WALKER,      .       .       . 
CHOATE, 
WHIPPLE, 
PARKER,       .       . 
POWERS,       .       . 
HALE,*. 
DRISCOLL,  DENNIS  D., 

LUMMUS, 

COLEMAN,     .        .        I 
CHURCHILL,      .  .       . 
YOUNGMAN, 
SHERBURNE, 
HARRIMAN,  . 
BAILEY, 


On  Judicial  Procedure. 


of  Fall  River. 

of  Brookline. 

of  Southborough. 

of  Brookline. 

of  Lancaster. 

of  Newton. 

of  Boston. 

of  Boston. 

of  Lynn. 

of  Boston. 

of  Amherst. 

of  Boston. 

of  West  Springfield. 

of  New  Bedford. 

of  Newbury. 


Messrs.  PILLSBURY,  . 

HlBBARD, 

FRENCH, 
KENEFICK,   . 
JOHNSON, 
ADAMS, 

COAKLEY,       . 

HUTCHINGS, 
CLARK, 
HAMILTON,  . 
MITCHELL,   . 
BASSETT, 
MACMASTER, 
SMITH,* 
MURLEY, 


On  the  Judiciary. 


MORTON, 
WILLIAMS,    . 
BURNS, 
MONTAGUE, 
DRESSER,     . 

McANARNEY, 

MERRIAM,     . 
CUSICK, 


of  Wellesley. 
of  Pittsfield. 
of  Randolph, 
of  Palmer, 
of  Worcester, 
of  Springfield, 
of  Boston, 
of  Dedham. 
of  Wilmington, 
of  Athol. 
of  New  Bedford, 
of  Taunton. 
of  Bridgewater. 
of  Lynnfield. 
of  Boston. 


of  Fall  River, 
of  Brookline. 
of  Pittsfield. 
of  Boston, 
of  Worcester, 
of  Quincy. 
of  Framingham. 
of  Boston. 


Clerk. 


APPENDIX.  901 

Messrs.  WILSON, of  Lowell. 

SULLIVAN, of  Salem. 

STONEMAN,* of  Boston. 

DAVIS, of  Maiden. 

MAGUIKE, of  Boston. 

SHEA, of  Dalton. 

COSTELLO,    . of  Boston. 

On  Labor. 

Messrs.  LOWELL, of  Newton. 

BOYNTON, of  Everett. 

BROWN, of  Brockton. 

SULLIVAN,  WILLIAM  J.,     .       .       .       .of  Boston. 

Ross, of  New  Bedford. 

SHATTUCK, of  Worcester. 

BROWN, of  Springfield. 

DONOVAN, of  Lawrence. 

SHEA, of  Cambridge. 

COLLIER, of  Gardner. 

SKERRETT,    .       .    • of  Worcester. 

TALBOT,* of  Plymouth. 

SCIGLIANO, of  Boston. 

THOMPSON, of  North  Attleborough. 

CHARBONNEAU, of  Lowell. 

On  the  Liquor  Traffic. 

Messrs.  UNDERBILL, of  Somerville. 

CLARK, .of  Brockton. 

LANE, of  Boston. 

HALL, of  Orange. 

KNOTTS, of  Somerville. 

BATES, of  Boston. 

BARKER, of  Fall  River. 

KERR, of  Maiden. 

BICKNELL, ofWeymouth. 

MORIARTY, of  Boston. 

BERGENGREN, of  Lynn. 

HARDING, of  Whitman. 

MITCHELL, of  Springfield. 

BRENNAN,  JAMES  H.,*       .       .       .       .of  Boston. 
SULLIVAN,  JOSEPH  M., '    .       .       .       .of  Boston. 

On  Military  Affairs. 

BOUVE, ofHingham. 

MCCARTHY, of  Marlborough. 

WHEELOCK, of  Fitchburg. 

SHEEHAN, of  Boston. 

MARSHALL,* of  Worcester. 

WALKER, of  New  Bedford. 

BATCHELDER, of  Salem. 

ADAMS, of  Lowell. 

NEWHALL, of  Stoneham. 

BRYANT, of  Milton. 

BRODERICK, of  Waltham. 

*  Clerk. 

i  Appointed  July  10,  1917. 


902  APPENDIX. 

Messrs.  BEGLEY, of  Holyoke. 

KENNY, of  Boston. 

LEBOEUF, of  Webster. 

DONOVAN, of  Boston. 

On  Municipal  Government. 

Messrs.  HALL, .       .of  Taunton. 

BANGS,         ...       .       . '      .       .       .of  Boston. 

LOGAN, of  Worcester. 

BRYANT, of  Milton. 

HAINES, of  Medford. 

BRUCE,         .       .       .       .       .       .       .of  Everett. 

COOK,    . of  Fitchburg. 

COE, of  Worcester. 

BAUER, of  Lynn. 

BRINE, of  Somerville. 

BARRETT, of  Cambridge. 

BESSE, of  Newburyport. 

CURTIS,  CHARLES  P.,  Jr.,*       ...    of  Boston. 

HICKS, •    .    of  Fall  River. 

MARTIN, of  Boston. 

On  Public  Affairs. 

Messrs.  ANDERSON, of  Brookline. 

HOBBS,*       .       .       .       .       .       .       .of  Worcester. 

CLAPP, of  Lexington. 

FROST, .of  Lawrence. 

COOGAN, of  Pittsfield. 

PARKER, of  Boston. 

TURNER, of  Fall  River. 

MlCHELMAN, Of  Boston. 

FRASER,        .       .       .       .  •     .       .       .of  Lynn. 

LOOK, .    of  Tisbury. 

BROOKS,       .       .       .       .       .       .       .of  Worcester. 

BRENNAN,  JAMES  J.,  .       .       .       .       .    of  Boston. 

BUTLER,       . of  Brockton. 

ROBINSON, of  Sturbridge. 

McLAUD,      .       .       .       .       .       .       .of  Greenfield. 

On  Social  Insurance. 

WASHBURN, of  Worcester 

AVERY,         .       .       .       .       .       .       .of  Holyoke. 

GLEASON, of  Andover. 

BODFISH, of  Barnstable. 

SAUNDERS,    . of  Clinton. 

O'CoNNELL,        , of  Salem. 

CARR, of  Hopkinton. 

WOOD, of  Cambridge. 

FARNSWORTH, .of  Leominster. 

MYRON, of  Boston. 

SWEENEY,     .       .       .       .       .       .       .    ofAttleboro. 

BIGNEY,* of  Boston. 

THOMPSON, .       .of  Beverly. 

DONOVAN, of  Springfield. 

BOUCHER,     .       .       ...       .       .       .    of  New  Bedford. 

*  Clerk. 


APPENDIX. 


903 


On  Social  Welfare. 


Messrs.  BRACKETT,  l 
KELLEY, 
BULLOCK, 
KILBON, 
GLAZIER, 
FLAHERTY,   . 
WEEKES,*     . 
DELANEY,     . 
LARSON, 
SWEET,  . 
SPARRELL,    . 
BUCK,    . 
DAY,     . 
MURPHY, 
DALEY,  PETER, 


of  Arlington, 
of  Rockland. 
of  New  Bedford, 
of  Springfield, 
of  Hudson, 
of  Boston, 
of  Harwich, 
of  Holyoke. 
of  Worcester, 
of  Attleboro. 
of  Norwell. 
of  Billerica. 
of  Winchendon. 
of  Chelsea, 
of  Lowell. 


On  State  Administration. 


Messrs.  WALSH, 
CURTISS, 
BALCH,  . 
BAILEY,  2 
BOSWORTH,  . 

WlLLETT, 

WATERMAN, 

DUTCH, 

WHITEHEAD, 

LANGELIER,* 

ROBBINS, 

STEARNS, 

CRAVEN, 

GREENWOOD, 

MAHONEY 


of  Fitchburg. 
of  Hingham. 
of  Boston, 
of  Somerville. 
of  Springfield, 
of  Norwood, 
of  Williamstown. 
of  Winchester, 
of  Fall  River, 
of  Quincy. 
of  Chelmsford. 
of  Cambridge, 
of  Boston, 
of  Lowell, 
of  Boston. 


On  State  Finance. 


Messrs.  PARKMAN,    . 
FERREY, 
LOWE,   . 
CODMAN, 
COLLINS, 
DELLINGER, 
DOUGLASS,   . 
THELLER, 
MCCAFFREY,* 
LEONARD, 

O'CONNELL, 
HOITT,    . 

GRAUMANN, 
PUTNAM, 
FINN,  . 


of  Boston, 
of  Pittsfield. 
of  Fitchburg. 
of  Brookline. 
of  Amesbury. 
of  Wakefield. 
of  Boston, 
of  New  Bedford, 
of  Boston, 
of  Boston, 
of  Lowell, 
of  Lynn, 
of  Boston, 
of  Westfield. 
of  Chelsea. 


*  Clerk. 

i  Died  April  6,  1918. 

»   Died  February  15,  1918. 


904  APPENDIX. 


On  Suffrage. 

Messrs.  NEWTON, of  Everett. 

KNEIL, of  Westfield. 

BENNETT, of  Saugus. 

BUTTRICK,    .  of  Lancaster. 

BARNES, of  Mansfield. 

WEBSTER,     .       .       .       .       .       .       .of  Haverhill. 

SAWYER, of  Ware. 

AYLWARD,    . of  Cambridge. 

FERRY, of  Northbridge. 

COONEY, of  Peabody. 

MARTIN, of  Holyoke. 

CORRIGAN, of  Natick. 

HAWLEY,* of  Maiden. 

GALLAGHER, of  Boston. 

WING, of  Dartmouth. 

On  Taxation. 

Messrs.  Cox,      ........  of  Boston. 

TREFRY,       .  of  Marblehead. 

ADAMS,         .       .       .       .       .       .       .  of  Concord. 

FEIKER, of  Northampton. 

O'CoNNELL, of  Boston. 

LYNCH, of  Milford. 

CREAMER, .of  Lynn. 

GOOD, of  Cambridge. 

FLYE, of  Holbrook. 

TILTON,* of  Springfield. 

FITZ-RANDOLPH, of  Nantucket. 

SHANAHAN,  .......  of  Somerville. 

DONOGHUE, of  Boston. 

SHAW, of  Revere. 

RICHARDSON,  l     .       .       .       .       .       .  of  Ayer. 


MONITORS. 

First  Division. 

Messrs.  JOHNSON, of  Worcester. 

CREED,         .' of  Boston. 

Second  Division. 

Messrs.  BAILEY, of  Newbury. 

MORAN, of  Fall  River. 

Third  Division. 

Messrs.  YOUNGMAN, of  Boston. 

MCANARNEY, of  Quincy. 

Fourth  Division. 

Messrs.  LOWE,  .       .       .       .       .       .       .       .of  Fitchburg. 

COLEMAN, .       .    of  Boston. 

*  Clerk. 

i  Died  January  4,  1919. 


APPENDIX. 


SPECIAL  COMMITTEES. 

To  wait  upon  the  Italian  War  Mission  (June  25,  1917). 

Messrs.  WASHBUKN, of  Worcester. 

MORTON, of  Fall  River. 

WHITE, of  North  Brookfield. 

SCIGLIANO, of  Boston. 

CURTIS, of  Revere. 

MlCHELMAN, Of  Boston. 

BOSWORTH, of  Springfield. 

LUFKIN, of  Essex. 

CHANDLER, of  Someryille. 

SHEA, of  Cambridge. 

WASHBURN, of  Middleborough. 


905 


To  wait  upon  the  Extraordinary  Mission  of  the  Belgian  Nation 

(August  3,  1917). 


Messrs.  POWERS, 
LOWE,  . 
CROSBY, 
FITZ-RANDOLPH, 

COLEMAN,      . 

BANGS,  . 
FERREY, 
STONEMAN,  . 
WING,   . 
HARRINGTON, 
LOWELL, 


of  Newton, 
of  Fitchburg. 
of  Arlington, 
of  Nantucket. 
of  Boston, 
of  Boston, 
of  Pittsfield. 
of  Boston, 
of  Dartmouth, 
of  Fall  River, 
of  Newton. 


To  attend  the  Funeral  of  the  Late  Honorable  Dana  Malone  of 
Greenfield  (August  15,  1917). 


Messrs.  PARKER, 
WALSH, 

HlBBARD, 

FRENCH, 

PlLLSBURY,    . 
BOYNTON,       . 

LUCE,    . 
KENEFICK,   . 
Cox,      . 
HUTCHINGS, 
FERREY, 
CLAPP,  . 
GIDDINGS,     . 
HALL,    . 
FEIKER, 
KINNEY, 

BOYDEN, 

GLEASON, 

McLAUD, 


THE  PRESIDENT. 


of  Lancaster. 

of  Fitchburg. 

of  Pittsfield. 

of  Randolph. 

of  Wellesley. 

of  Everett. 

of  Waltham. 

of  Palmer. 

of  Boston. 

of  Dedham. 

of  Pittsfield. 

of  Lexington. 

of  Great  Barrington. 

of  Orange. 

of  Northampton. 

of  Boston. 

of  Deerfield. 

of  Andover. 

of  Greenfield. 


906 


APPENDIX. 


To  wait  upon  the  Russian  Mission  (August  21,  1917). 

Messrs.  HALL, of  Taimton. 

THOMPSON,  .  of  Haverhill. 


TURNER, 

BAILEY, 

TILTON, 

BAUER, 

BROWN, 

BURNS, 

MONTAGUE, 

SWIG,    . 

DONOGHUE, 


of  Fall  River, 
of  Somerville. 
of  Springfield, 
of  Lynn, 
of  Brockton, 
of  Pittsfield. 
of  Boston, 
of  Taunton. 
of  Boston. 


To  wait  upon  the  Imperial  Japanese  War  Mission  (September 

18,  1917). 


Messrs.  LUMMUS, 
BOUCHER, 
COOMBS, 
WONSON, 
BAILEY, 
GOOD,    . 
SMITH,  . 
FLYE,    . 
MAGUIRE, 
BRYANT, 
WEEKES, 


of  Lynn, 
of  New  Bedford, 
of  Worcester, 
of  Gloucester, 
of  Newbury. 
of  Cambridge, 
of  Provincetown. 
of  Holbrook. 
of  Boston, 
of  Milton, 
of  Harwich. 


To  invite  the  Governor  of  the  Commonwealth  and  the  Governor 
of  the  Federal  Reserve  Bank  to  address  the  Convention  with 
Reference  to  the  Second  Liberty  Loan  (October  18,  1917). 


Messrs.  MERRIAM,    . 
ADAMS, 
AYLWARD,    . 
BOYER, 
LANE,    . 
WHITTIER,    . 
SHEA,    . 
WALKER, 
LOOK,    . 

MlCHELMAN, 

DALY,  JOHN  W., 


of  Framingham. 
of  Springfield, 
of  Cambridge, 
of  Lynn. 
of  Boston, 
of  Winthrop. 
of  Dalton. 
of  New  Bedford, 
of  Tisbury. 
of  Boston, 
of  Lowell. 


Recess  Committee  charged  with  the  Duty  of  making  Certain  that 
the  World  War  had  revealed  no  Constitutional  Problems  not 
already  before  the  Convention  (June  12,  1918). 


THE  PRESIDENT. 


Messrs.  ADAMS, 
LUCE,    . 

PlLLSBURY  5. 

MORTON, 


of  Quincy. 
of  Waltham. 
of  Wellesley. 
of  Fall  River. 


APPENDIX.  907 

Messrs.  QUINCY, of  Boston. 

WILLETT, of  Norwood. 

LOMASNEY, of  Boston. 

CHURCHILL, of  Amherst. 

HARRIMAN, of  New  Bedford. 

WASHBURN, of  Middleborough. 

DEAN, of  Fall  River. 

CURTIS,  EDWIN  U., of  Boston. 

To  draft  a  Resolution  of  Sympathy  with  Colonel  and  Mrs.  The- 
odore Roosevelt  in  the  Death  of  their  Son,  Lieutenant  Quentin 
Roosevelt  (July  18,  1918). 

Messrs.  WASHBURN, of  Worcester. 

PARKER, of  Lancaster. 

QUINCY, of  Boston. 

ADAMS, of  Quincy. 

HART, of  Cambridge. 


To  arrange  for  Reunions  of  Members  of  the  Convention  (August 
21,  1918,  and  August  13,  1919). 

Messrs.  ANDERSON,  .       .       .       .       .       .       .of  Newton. 

POWERS, of  Newton. 

SULLIVAN, of  Salem. 

BASSETT, of  Taunton. 

TILTON, of  Springfield. 


To  invite  His  Excellency  Samuel  W.  McCall  and  the  Honorable 
Council  to  attend  the  Convention  before  its  Adjournment 
(August  21,  1918). 

Messrs.  CURTIS,  EDWIN  U.,    .       .       .       .       .of  Boston. 
BANGS,  of  Boston. 


COOMBS, 
COOK,   . 
WALKER, 
TURNER, 
WHEELER, 
LOOK,    . 
BROOKS, 
DALE,    . 
SHEA,    . 


of  Worcester. 
of  Fitchburg. 
of  New  Bedford, 
of  Fall  River, 
of  Concord, 
of  Tisbury. 
of  Worcester, 
of  Watertown. 
of  Dalton. 


To  consider  the  Communication  from  the  Governor  transmitting 
a  Report  of  the  Commission  appointed  to  compile  Information 
and  Data  for  the  Use  of  the  Convention  (August  21,  1918). 

Messrs.  LUCE, of  Waltham. 

SHERBURNE, of  West  Springfield. 

KERR, of  Maiden. 


908 


APPENDIX. 


On  Rearrangement  of  the  Constitution  (August  21,  1918). 


MORTON, 

PlLLSBURY,    . 

WALKER, 

LORING, 

PARKER, 

HART,    . 

WASHBURN, 

CUMMINGS,  . 

FRENCH, 

HlBBARD, 

BOLSTER, 
CREED, 
JONES,  . 
SWIG,    . 
DRESSER,     . 
RICHARDSON, 
FROST,  . 
GARLAND,     . 


THE  PRESIDENT. 


of  Fall  River, 
of  Wellesley. 
of  Brookline. 
of  Beverly, 
of  Lancaster, 
of  Cambridge, 
of  Middleborough. 
of  Fall  River, 
of  Randolph, 
of  Pittsfield. 
of  Boston, 
of  Boston, 
of  Melrose. 
of  Taunton. 
of  Worcester, 
of  Newton, 
of  Lawrence, 
of  Somerville. 


Subcommittee  of  the  Committee  on  Rearrangement  of  the  Con- 
stitution to  correct  Clerical  and  Typographical  Errors  and 
establish  the  Text  of  the  Rearrangement  of  the  Constitution 
(August  13,  1919). 


MORTON, 

PlLLSBURY,    . 

LORING, 
PARKER, 
HART,  . 


of  Fall  River, 
of  Wellesley. 
of  Beverly, 
of  Lancaster, 
of  Cambridge. 


INDEX. 


INDEX. 


[Names  of  members  of  the  Convention  are  in  capitals.] 

A. 

Absence,  leave  of.    See  "Leave  of  Absence,  Committee  on." 
For  school  teachers.    See  "Public  Schools." 

Of  members  of  the  Convention,  87,  110,  117,  133  (3),  149  (4),  155  (2),  160  (3), 
181  (4),  191,  193,  196  (2),  200  (2),  202  (2),  204  (2),  207,  211,  244,  273, 
283  (2),  287,  292  (2),  303,  306  (4),  312,  330  (3),  334,  344  (2),  356,  367, 
377  (2),  392  (2),  440,  453,  465,  494  (2),  505,  538  (special  communication 
from  Mr.  Anderson  of  Brookline),  557  (2),  575  (2),  617  (2),  628  (4),  635 
(7),  642  (5),  648  (2),  658,  664  (8),  668,  673,  678  (3),  687  (3),  691  (2),  694 
(4),  700,  705  (3),  708  (2),  713  (4),  717,  720  (5),  726  (2),  743,  749  (2),  760, 
764  (3),  791  (3),  797  (2),  806,  815,  859,  868  (3). 

Order  (Walker  of  Brookline)  providing  that  members  absent  in  military  or 
naval  service  be  authorized  to  arrange  to  be  paired  on  yea  and  nay  votes, 
193;  committed,  196,  219;  reported  adversely,  223,  224;  rejected,  232. 
Resolution  (Parkman  of  Boston)  extending  best  wishes  to  members  leaving  for 

the  reserve  officers'  training  camp  (adopted),  193. 

Order  (Feiker  of  Northampton)  that  members  absenting  themselves  without, 
be  required  to  make  satisfaction  therefor,  423,  428;  withdrawn,  605. 

Absentee  voting.    See  "Voters." 

Accident  insurance.    See  "Insurance  Companies;"   "Pensions." 

Accused  persons,  removal  of  privilege  of,  to  stand  mute;  statements  by.  See  "Ju- 
dicial Procedure." 

Actions  at  law.    See  "Judicial  Procedure." 

Acts  and  Resolves  of  the  General  Court.    See  "General  Court;"   "Governor." 

ADAMS,  BROOKS  (of  Quincy).  Vote  received  by,  for  President,  19;  committees, 
44,  615,  713;  resolutions,  47,  53,  70,  673;  motions,  218,  269,  369,  379, 
519,  538,  605,  668,  673,  678;  amendments,  259,  269,  692,  780,  782,  790  (2). 

ADAMS,  CHARLES  FRANCIS  (of  Concord).  Committee,  44;  report,  100;  dissents, 
104,  115;  presides,  688. 

ADAMS,  SCOTT  (of  Springfield).  Committees,  45,  357;  resolution,  807;  motions, 
191,  538,  807,  815,  816,  868;  amendments,  121,  516,  520  (2),  625. 

ADAMS,  SMITH  J.  (of  Lowell).    Committee,  45;  motion,  764;  leave  of  absence,  717. 

Address  to  the  people  (reported  by  the  committee  on  Rules  and  Procedure)  rela- 
•    tive  to  the  three  amendments  to  be  submitted  at  the  1917  state  election, 
377,  393;  rejected,  501. 

Administrators  and  executors.  Resolution  providing  for  a  supervisor  or  commis- 
sioner of,  71;  reported  adversely,  97;  rejected,  638. 

Advertisements.  Resolution  to  provide  for  the  regulation  of,  in  public  places,  54; 
reported  adversely,  119,  653,  663;  rejection  negatived,  666,  747  (second 
reading),  793  (third  reading),  797;  submitted  to  the  people,  812,  824,  847. 

Aged  and  needy  persons.    See  "Pensions;"    "Taxation." 

Agricultural  development.    See  "Land,  Taking  of;"   "Taxation." 


912  INDEX. 

Agricultural  organizations.  Petition  of  the  State  Board  of  Agriculture  requesting 
that,  be  exempted  from  the  amendment  of  the  Constitution  prohibiting 
the  support  of  certain  institutions  from  public  funds  (placed  on  file),  193. 

Alcoholic  liquors.    See  "Intoxicating  Liquors." 

Alien  residents.    See  "Taxation;"   "Voters." 

Amendment  and  Codification  of  the  Constitution,  committee  on.  Authorized,  25; 
appointed,  45;  references,  28,  48,  49,  50,  58,  68,  108,  170,  273,  281,  303, 
602,  726,  772,  861;  sittings,  330;  time  extended,  87,  117,  133,  155,  170, 
181,  196,  205,  218,  244,  266,  283,  306,  334,  367,  400,  427,  465,  503;  reports, 
81,  83,  89  (4),  307,  315,  321,  332,  336,  344,  377,  393  (2),  501,  606,  755, 
798,  807,  816,  822  (16),  838,  841  (3),  866. 

Amendments  of  the  Constitution.    See  "Constitution,  Amendments  of  the." 

ANDERSON,  FREDERICK  L.  (of  Newton).  Committees,  43,  837;  resolution,  58; 
petitions,  58,  68;  reports,  91,  869;  dissents,  89  (2),  92;  motions,  89,  120, 
223,  246,  303,  325,  660,  687,  747,  815,  837;  amendments,  168,  172,  185, 
238  (2),  247,  248  (2),  291,  293,  296  (2),  325,  326,  364,  370,  622,  644. 

ANDERSON,  GEORGE  W.  (of  Brookline).  Committee,  44;  petition,  103;  reports, 
90  (5),  142,  160;  dissents,  84;  motions,  26,  113,  184,  201,  290,  328;  amend- 
ments, 263,  268,  272,  284,  290;  leave  of  absence,  306,  538  (special  com- 
munication), 694. 

"Anti-aid"  amendment.    See  "Public  Funds." 

Antiquarian  interest,  taking  of  property  of.    See  "Landmarks." 

Appropriation  bills,  vetoing  of  items  in.    See  "Governor;"    "State  Finances." 

Appropriation  of  public  money.    See  "Public  Funds." 

Assessments,  rates  and  taxes.    See  "Taxation." 

Associations  and  corporations.    See  "Milk  Dealers;"   "Privileges." 

Athletic  contests.    See  "Lord's  Day." 

Attorney-General.  Appointment  of  district  attorneys  by  the.  See  "District  At- 
torneys." 

Proposed  appointment  of  the.    See  "Governor;"   "State  Officers." 
Scrutiny  of  legislative  bills  by  the.    See  "General  Court." 
So  much  of  the  Resolution  relative  to  the  appointment  of  the,  by  the  Governor 
and  of  the  district  attorneys  by  the  (see  "District  Attorneys"),  as  relates 
to  the  appointment  of  the,   69,    127,   155;  reported  adversely,  732;  re- 
jected, 768. 

Attorneys.    See  "County  Officers;"   "District  Attorneys." 

Auditor  of  the  Commonwealth,  proposed  appointment  of.  See  "Council;"  "State 
Administration;"  "State  Officers." 

AVERT,  NATHAN  P.  (of  Holyoke).  Committee,  44;  resolutions,  51  (3);  report, 
88;  motions,  202,  273,  280  (2),  290,  292,  345  (2),  357,  761;  amendments, 
356,  358,  363,  693,  699,  730,  760,  761,  762,  764;  presides,  688;  leave  of 
absence,  110,  642. 

AYLWARD,  JAMES  F.  (of  Cambridge).  Committees,  43,  357;  report,  85;  motions, 
etc.,  102,  204,  225,  326,  484,  641,  700,  845;  amendment,  645. 

B. 

BAILEY,  CHARLES  O.  (of  Newbury).  Monitor,  24;  committees,  13,  26,  43,  239; 
resolutions,  61,  70,  71,  604,  845;  dissents,  US;  motions,  843,  845;  amend- 
ments, 437,  481;  leave  of  absence,  708. 

BAILEY,  J.  WARREN  (of  Somerville).  Committees,  44,  175;  resolution,  51;  petition, 
103;  report,  98;  motion,  141;  announcement  of  the  death  of,  615;  resolu- 
tions adopted,  625. 


INDEX.  913 

BALCH,  FRANCIS  N.  (of  Boston).     Committee,  44;    resolution,  708;    motions,  31, 

333,  501  (2),  708,  749,  793;    amendments,  248,  259,  269,  319,  328,  382, 

385,  607,  608,  666,  670,  725,  728,  745,  747,  748,  750. 
BALLANTYNE,  JOHN  (of  Boston).    Committee,  45;  report,  93. 
Ballots,  counting  of.    See  "Elections." 
BANGS,  FRANCIS  R.  (of  Boston).    Committees,  45,  149,  837;  report,  115;  dissents, 

131;  motion,  202;  presides,  565. 

BARKER,  WARREN  S.  (of  Fall  River).    Committee,  44;  motions,  664,  791. 
BARNES,  CLARENCE  A.  (of  Mansfield).    Committee,  43;   resolution,  50;   dissents, 

99  (2);  motions,  7,  171. 
BARNES,  GEORGE  L.  (of  Weymouth).     Committee,  43;   reports,  88,  92;   dissents, 

89;  motion,  181;  leave  of  absence,  705. 
BARRETT,  JAMES  T.   (of  Cambridge).     Committee,  45;    resolutions,  70,  76   (2); 

motions,  644,  696,  817. 
BARTLETT,  HORACE  I.  (of  Newburyport).    Committee,  46;  resolutions,  58,  59,  61, 

75;  petitions,  103,  127;  motions,  121,  636  (2),  733;  amendments,  120,  121, 

183  (2),  185  (2),  325  (2),  342,  511,  540;  leave  of  absence,  133. 
BASSETT,  EDMUND  (of  Taunton),    Committees,  45,  837;  resolution,  53;  report,  82. 
BATCHELDER,  ALBERT  W.  (of  Salem).    Committee,  45;  motion,  520. 
BATES,  JOHN  L.  (of  Brookline).    Elected  President,  13  (yea  and  nay),  16  (roll  call); 

addresses  the  Convention,  19,  57,  151,  177,  241,  357,  615,  627,  797,  806, 

837,  845,  846,  870;  committees,  21,  616,  845;  resolutions,  etc.,  53,  54,  75, 

791,  806;  motion,  368;  amendments,  364,  368,  369;  appreciation,  844. 
BATES,  SANFORD  (of  Boston).     Committee,  44;   resolutions,  72,  219;   reports,  164 

(2);  motions,  26,  164  (2),  210,  213,  565;  amendments,  129,  168,  185,  325 

(2),  447,  513,  548,  782  (2),  804;  presides,  164  (2). 
BAUER,  RALPH  S.  (of  Lynn).    Committees,  45,  175;   resolutions,  75,  77;   motions, 

286,  301,  666,  670. 
Beaches.    See  "Natural  Resources." 

BEGLEY,  JOHN  S.  (of  Holyoke).    Committees,  45,  837;  resolution,  73;  presides,  803. 
Belgian  (War)  Mission,  reception  of  the,  149,  852. 
BENNETT,  FRANK  P.  (of  Saugus).     Committee,  43;   motions,  21,  25,  29,  80,  236, 

310,  452,  453  (2),  537;   amendments,  121,  378,  654;   presides,  264. 
BENTON,  EVERETT  C.  (of  Belmont).    Committee,  44;  motions,  626,  650,  674,  694, 

719,  867;  leave  of  absence,  87,  720;  presides,  716. 
BERGENGREN,  ROY  F.  (of  Lynn).    Committees,  44,  837;  resolution,  54;  report,  97; 

leave  of  absence,  694;   compensation,  868. 
BESSE,  HAROLD  A.  (of  Newburyport).     Committee,  45;   petition,  103;   resolution, 

746;  report,  98;  motions,  334,  345,  360,  364,  369,  370,  378,  501;  leave  of 

absence,  453. 

BICKNELL,  WALLACE  H.  (of  Weymouth).    Committee,  44;  resolutions,  68,  70. 
Biennial  elections.    Bulletin  (ordered  printed)  on  the  history  of  the  movement  for, 

in  Massachusetts,  79. 

Bulletin  (ordered  printed)  relative  to,  and  sessions  of  the  Legislature,  368,  427. 
Resolution  to  provide  for,  of  state  officers,  councillors  and  members  of  the 

General  Court,  61;    petitions  in  aid,   114,  791;    reported  adversely,  99, 

699;   rejection  negatived,  700  (yea  and  nay),  765  (point  of  order),  766 

(yea  and  nay  on  ordering  to  a  third  reading),  801  (third  reading)  (yea  and 

nay  on  passing  to  be  engrossed),  806  (remonstrance),  807,  808;  submitted 

to  the  people,  820  (yea  and  nay),  835,  850. 
Resolution  providing  for,  of  state    officers,  councillors  and  members  of  the 

General  Court,  and  for  biennial  sessions  of  the  General  Court,  51;  reported 

adversely,  99;  rejected,  702. 


914  INDEX. 

Biennial  elections  —  Concluded. 

So  much  of  the  Resolution  providing  for  limited  sessions  of  the  General  Court 
and,  of  members  thereof  as  relates  to,  59;  reported  adversely,  99;  rejected, 
679,  687.  See  "General  Court." 

Biennial  sessions.    See  "General  Court." 

BIGNEY,  ROBERT  E.  (of  Boston).  Committee,  44;  resolution,  47;  motion,  124; 
amendments,  259,  269. 

Bill  boards.    See  "Advertisements." 

Order  (Codman  of  Brookline)  providing  for  printing  a  bulletin  on  the  regula- 
tion of,  182;  adopted,  194. 

Bill  of  Rights,  committee  on.  Authorized,  24;  appointed,  43;  references,  47,  50, 
53,  58,  69,  77,  733;  reports,  83  (5),  84,  88,  91  (2),  92  (7),  785;  statements 
of  the  chairman  of  the,  ordered  printed,  116,  191. 

BIRD,  CHARLES  S.,  Jr.  (of  Walpole).  Qualified,  231;  compensation,  280;  commit- 
tee, 334;  war  service,  615. 

Birds  and  flowers.    See  "Natural  Resources." 

BLACKMUR,  PAUL  R.  (of  Quincy).  Committee,  46;  report,  118;  motions,  27,  63, 
66,  112,  210,  211,  286,  644;  amendments,  172,  185,  319,  327,  437,  476, 
644,  739,  740,  742. 

Boards  and  commissions.    See  "Governor;"   "State  Administration." 

BODFISH,  JOHN  D.  W.  (of  Barnstable).  Special  seat,  26;  committee,  44;  resolu- 
tions, 51  (3),  862;  dissents,  91;  motions,  91, 116, 122, 165,  661,  862;  amend- 
ments, 660,  663,  721,  744,  747,  748,  750. 

BOLSTER,  PERCY  G.  (of  Boston).  Committees,  45,  845;  resolution,  50;  dissents, 
89  (2);  report,  832;  motion,  628. 

Bonds,  issuing  of.    See  "Loans;"   "Milk  Dealers;"   "State  Finances." 

Bonuses  for  deserving  public  employees.    See  "Public  Employees." 

Boston  and  Maine  Railroad  rates  to  Camp  Devens.    See  "Camp  Devens." 

Boston  City  Club.  Officials  of  the,  extend  to  members  of  the  Convention  the  privi- 
leges of  their  club  house,  33,  658. 

BOSWORTH,  HENRY  H.  (of  Springfield).  Committees,  44,  57;  reports,  98  (2),  746 
(2);  motions,  648,  658;  amendments,  404,  516,  565,  567;  leave  of  absence, 
815,  868. 

BOUCHER,  JOSEPH  ZOEL  (of  New  Bedford).  Committees,  44,  239;  resolution,  60; 
motions,  181,  256,  306,  423,  557,  628,  635,  661,  691;  amendment,  804  (2). 

BOUVE,  WALTER  L.  (of  Hingham).  Committee,  45;  reports,  90,  97  (3);  motions, 
165,  220,  702;  amendments,  656  (2);  presides,  702. 

Bouve,  Lieutenant  Walter  L.,  Jr.  (son  of  Delegate  Bouve"  of  Hingham),  granted 
admission  to  the  floor  of  the  Convention,  785. 

BOWEN,  PATRICK  (of  Boston).    Committee,  45. 

BOYDEN,  FRANK  L.  (of  Deerfield).  Committees,  45,  170;  question  of  privilege, 
110;  amendments,  167,  185;  leave  of  absence,  344. 

BOYER,  ELMER  E.  (of  Lynn).    Committees,  44,  357;  report,  93;  motions,  283,  465. 

BOYNTON,  THOMAS  J.  (of  Everett).  Committees,  21,  43,  44,  170;  resolutions,  47, 
71;  reports,  119,  194,  197  (2);  dissents,  266;  motions,  23,  197  (2);  pre- 
sides, 197  (2),  747. 

BRACKETT,  JOHN  Q.  A.  (of  Arlington).  Special  seat,  26;  committees,  19,  44;  resolu- 
tions, 54,  58,  59;  reports,  91  (2),  119,  200,  201;  dissents,  119  (2);  motions, 
114,  200  (2),  202,  320  (2),  326,  604;  amendments,  260,  269,  557;  presides, 
200  (2);  announcement  of  the  death  of,  615;  resolutions  adopted,  626. 

BRENNAN,  JAMES  H.  (of  Boston).  Committee,  44;  resolutions,  59  (2),  862;  dissents, 
90;  motions,  148,  161,  172,  233,  688  (3),  762  (2),  806,  815,  862,  869  (3). 

BRENNAN,  JAMES  J.  (of  Boston).    Committee,  44. 

Bridges,  safe  construction  of.    See  "Labor." 


INDEX.  915 

Bridgman,  Frank  E.  (of  Boston).    Appointment  of,  as  assistant  secretary,  22,  28; 

compensation  of,  108,  604,  732,  867. 
BRINE,  HENRY  C.  (of  Somerville).    Committee,  45. 
BRODERICK,  PATRICK  S.  (of  Waltham).    Committee,  45;  motion,  694;  amendment, 

733,  737. 

BROOKS,  GEORGE  F.  (of  Worcester).    Committees,  44,  837;  petition,  103. 
BROWN,  E.  GERRY  (of  Brockton).    Committees,  44,  175;   resolutions,  69  (2),  72, 

73,  77;   dissents,  119;   motions,  etc.,  25,  26,  31  (2),  66,  78,  86,  122,  144, 

158,  195,  210,  231,  251,  325,  372,  378,  393,  401,  495,  562,  634,  654,  666, 

669,  715,  789,  864;   amendments,  509,  513,  562,  595,  660,  661,  662,  663, 

674,  717,  719. 
BROWN,  SAMUEL  F.  (of  Springfield).    Committee,  44;   dissents,  118;   motion,  292; 

leave  of  absence,  538. 
BRUCE,  CHARLES  (of  Everett).    Committee,  45;   petition,  103;   leave  of  absence, 

635. 

Bryan,  Hon.  William  Jennings.    See  "Initiative  and  Referendum." 
BRYANT,  LINCOLN  (of  Milton).    Committees,  45,  78,  239;  resolution,  73;  petitions, 

103,  114;  report,  84;  motions,  139,  142,  167,  232,  245,  246,  290,  658,  757; 

amendments,  168,  183,  185,  247,  311,  337,  342,  404,  744,  751,  754. 
BUCK,  MAURICE  A.  (of  Billerica).    Committee,  44. 
Buckley,  Charles  (of  Billerica),  introduced  to  the  Convention,  797. 
Budget,  executive.    See  "State  Finances." 
Buildings.    See  "Labor." 

Resolution  relative  to  the  power  of  the  General  Court  to  regulate  smells,  sights 

and  sounds  and  the  construction  of,  71;  81;    reported  adversely,   119; 

Resolution  (substituted)  relative  to  the  power  of  the  General  Court  to 

limit,  according  to  their  use  or  construction  to  specified  districts  of  cities 

and  towns,  670,  750  (second  reading),  793  (third  reading),  797;  submitted 

to  the  people,  812,  832,  849. 
Bulletins  of  information,  printing  of,  46,  62,  79,  100,  182,  194,  223,  244,  280,  423, 

427  (2),  636,  678. 
BULLOCK,  WILLIAM  J.  (of  New  Bedford).     Committee,  44;   motions,  26,  48,  160, 

360,  505,  628;  leave  of  absence,  678;  presides,  769-771. 
BURNS,  WILLIAM  A.  (of  Pittsfield).    Committees,  45,  175;  resolution,  68;  reports, 

84  (2),  95,  96;  motions,  128,  868;  amendment,  439,  495. 
BURRELL,  FRED  J.  (of  Medford).    Committee,  44. 
Business  and  professions.    See  "Women." 
Business  corporations.    See  "Taxation." 

Business  enterprises  by  public  authorities.    See  "Necessities  of  Life;"   "Rights." 
BUTLER,  A.  WEBSTER  (of  Brockton).     Committee,  44;    resolution,  74;    motions, 

131,  630,  634. 
Butler,  Hon.  Nicholas  Murray,  President  of  Columbia  University,  addresses  the 

Convention,  191. 
BUTTRICK,  ALLAN  G.  (of  Lancaster).    Committee,  43;  resolution,  59;  reports,  85, 

91;   dissents,  99;   motions,  etc.,  29,  56,  109,  143,  193  (2),  196,  204,  264, 

267,  273,  275,  281,  292,  342,  355,  364,  369,  453,  596,  635,  642,  699,  713, 

726,  794,  817,  840;  amendments,  405,  757;  presides,  677. 

C. 

CALLAHAN,  TIMOTHY  F.  (of  Boston).    Committee,  43. 

Camp  Devens.  Resolution  (Coughlan  of  Boston)  favoring  a  reduction  in  the  rate 
of  fare  on  the  Boston  and  Maine  Railroad  to  and  from  (refused  considera- 
tion), 501. 


916  INDEX. 

Cancer,  dependents  of  persons  suffering  from.    See  "Pensions." 
Candidates.    Resolution  relative  to  ascertaining  the  qualifications  of,  for  offices  to 
be  voted  for  by  the  people  [Governor  to  appoint  a  board  of  qualifications], 
61;  reported  adversely,  85;  rejected,  653. 
Capital  punishment.    Resolution  relative  to,  51;  reported  adversely,  84,  139,  140; 

rejected,  141. 

Order  (Bodfish  of  Barnstable)  providing  for  a  special  assignment  of  the  fore- 
going resolution,  116,  117;  amended  and  adopted,  122. 
Carey,  James  F.,  formerly  of  Haverhill.    See  "Initiative  and  Referendum." 
CARE,  EDWARD  (of  Hopkinton).     Committee,  44;   resolutions,  48  (2),  70,  75  (2), 
77;  motions,  133,  233,  360,  361,  632,  633,  638,  744  (2);  amendment,  318, 
328. 

Casualty  insurance  companies,  liability  of.    See  "Insurance  Companies." 
Causes,  trial  of.    See  "Judicial  Procedure." 
Census.    Resolution  relative  to  the  taking  of  the  decennial,  of  the  Commonwealth, 

75;  reported  adversely,  691;  rejected,  730,  733. 
Challenge  of  judge  and  jurors.    See  "Judicial  Procedure." 

CHANDLER,  LEONARD  B.  (of  Somerville).  Committees,  43,  57;  petition,  103;  motions, 
33,  171,  253,  280,  401,  518  (2),  611,  632,  644,  649,  656,  669,  677,  682,  688, 
693,  706,  710,  714,  727,  733,  744,  747,  751,  757,  778,  782,  792,  809;  pre- 
sides, 751. 

Chaplains.    Rev.  Edward  A.  Horton  (Chaplain  of  the  Massachusetts  Senate)  and 
Rev.  Daniel  W.  Waldron  (Chaplain  of  the  Massachusetts  House  of  Repre- 
sentatives) nominated  for  the  office  of  Chaplain  of  the  Convention,  21. 
President  authorized  to  invite  to  serve  as,  such  persons  as  he  may  from  time  to 

time  select,  21: 

Anderson,  Robert  P.,  of  Boston,  167. 
Ball,  Archey  D.,  of  Maiden,  538. 
Bates,  Newton  W.,  of  Fairport  Harbor,  Ohio,  772. 
Beal,  Francis  L.,  of  Cambridge,  743. 
Bridgman,  Howard  A.,  of  Brookline,  465. 
Burnell,  William  P.,  of  Mansfield,  673. 
Carroll,  Marcus  H.,  of  Hanover,  700. 
Carter,  Charles  Francis,  of  Hartford,  Conn.,  713. 
Clark,  Francis  E.,  of  Sagamore,  170. 
Conrad,  Arcturus  Z.,  of  Boston,  160,  266. 
Davis,  C.  Harrison,  of  Winchester,  211. 
Drake,  Paul  Harris,  of  Boston,  791. 
Emrich,  Frederick  E.,  of  Boston,  749. 
Farren,  Merritt  A.,  of  Somerville,  193. 
Farwell,  Parris  T.,  of  Newton,  165. 
Fraser,  David,  of  Somerville,  87. 
Frothingham,  Paul  Revere,  of  Boston,  837. 
Geoghegan,  William  Bernard,  of  New  Bedford,  399. 
Gifford,  Orrin  P.,  of  Brookline,  627. 
Gilbert,  William  M.,  of  Boston,  423. 
Hamilton,  John  W.,  of  Washington,  D.  C.,  169. 
Henry,  Charles  W.,  of  Andover,  200. 
Howe,  George  M.,  of  Groton,  705. 
Hudson,  Adelbert  L.,  of  Quincy,  280. 
Hughes,  Edwin  H.,  of  Boston,  53. 
Israeli,  Phineas,  of  Boston,  117. 
Keedy,  John  L.,  of  North  Andover,  717. 


INDEX.  917 

Kilbon,  John  L.,  of  Springfield  (member  of  the  Convention),  33,  49,  110,  144, 
149,  175,  191,  260,  283,  367,  453,  494,  519,  557,  635,  648,  653,  658,  678,  746. 

Kneeland,  Martin  D.,  of  Winchester,  264. 

Knotts,  J.  Franklin,  of  Somerville  (member  of  the  Convention),  23, 133, 251, 785. 

Landers,  Warren  P.,  of  Brockton,  122,  204,  218,  691,  857. 

Lawrence,  William,  of  Boston,  7. 

Lutz,  Harry,  of  Newton,  377. 

Marsh,  Edward,  of  Boston,  306,  687. 

Martin,  William  J.,  of  Fall  River,  806. 

Meredith,  Ernest  S.,  of  Watertown,  344. 

Merriam,  George  Ernest,  of  Fitchburg,  440. 

Murphy,  Patrick  Bowen,  of  Boston,  361. 

Nazarian,  Arekel  H.,  of  Boston,  708. 

Nordell,  Phillip  A.,  of  Brookline,  131. 

Odell,  Willis  P.,  of  Brookline,  292. 

Parker,  Fletcher  D.,  of  New  Bedford,  604. 

Perrin,  Willard  T.,  of  Newton,  505. 

Poling,  Daniel  A.,  of  Newton,  196. 

Rankin,  Harry  P.,  of  Boston,  412,  694. 

Roberts,  Horace  A.,  of  Block  Island,  R.  I.,  781. 

Sawyer,  Roland  D.,  of  Ware  (member  of  the  Convention),  28,  43,  127,  236, 
356,  391,  503,  668,  726. 

Seaboyer,  Benjamin  G.,  of  Chelsea,  184. 

Sherman,  Walter  J.,  of  Winthrop,  755. 

Spencer,  George  H.,  of  Boston,  202. 

Splaine,  Michael  J.,  of  Boston,  287. 

Stroud,  Arthur  D.,  of  Hudson,  239. 

Swift,  Clarence  F.,  of  Fall  River,  223. 

Tilton,  Charles,  of  Framingham,  299. 

Vandermark,  Wilson  Ezra,  of  Cambridge,  205. 

Waldron,  Daniel  W.,  of  Boston,  57. 

Walker,  John  J.,  of  Newton,  207,  720. 

Walker,  Louis  A.,  of  Middleborough,  575. 

Webster,  Francis  E.,  of  Waltham  (member  of  the  Convention),  30,  67,  79,  103, 
114,  141,  155,  214,  231,  312,  334,  427,  615,  642,  664,  732,  760,  764,  815,  863. 

Wilbur,  Earl  M.,  of  Berkeley,  Cal.,  320. 

Williams,  Horace  Balke,  of  Lynn,  273. 

Wilson,  Frederick  A.,  of  Andover,  797. 

CHARBONNEAU,  HENRY  V.  (of  Lowell).    Committee,  44;  amendment,  125. 
Charitable  institutions.    Petition  of  Susan  E.  Stevens  accompanied  by  Resolution 
relative  to  the  inspection  of  certain  public  and  private,  75;   report  (leave 
to  withdraw),  92;  accepted,  630. 

Resolution  (ordered  printed)  relative  to  the  inspection  and  support  of,  122. 
CHASE,  MIAL  W.  (of  Lynn).    Committee,  45;   motions,  67,  765,  799. 
Chasseurs-a-Pied  ("Blue  Devils")  of  France,  reception  of  the,  627. 
CHOATE,  CHARLES  F.,  Jr.  (of  Southborough).    Committee,  43;  dissents,  118;  leave 

of  absence,  193. 

CHURCHILL,  GEORGE  B.  (of  Amherst).     Committees,  43,  616;    resolution,  61;   re- 
port, 659;   dissents,  118;  motions,  166,  337,  371,  411,  442,  461,  478,  570, 
593,  720;    amendments,  343,  347,  348,  385,  405,  421,  425  (2),  437,  473 
(2),  512,  526,  563,  582,  590,  759,  761  (2). 
Cities  and  towns,  government  of.    See  "  Municipalities." 
Citizens.    See  "Homesteads;"   "Voters." 


918  INDEX. 

Citizenship,  duties  of.    See  "Education." 
Civil  causes.    See  "Judicial  Procedure." 
Civil  service.    See  "State  Administration." 

Resolution  providing  that  appointments  and  promotions  in  the,  shall  be  made 
because  of  merit  and  fitness  ascertained  through  open  competition,  75, 
104;  Resolution  (reported)  relative  to  the  selection  of  employees  for  public 
service,  746,  784  (second  reading) ;  rejected,  789. 

CLAPP,  ROBERT  P.  (of  Lexington).    Committees,  44,  170;   dissents,  160;   motions, 

35,  125,  248,  260,  263,  269,  734,  840;    amendments,  125,  259,  269,  284, 

286,  290,  293,  296,  325,  326,  343,  347,  396,  510,  598,  631,  632,  649,  670 

(2),  730,  733,  809  (2). 

CLARK,  CHESTER  W.   (of  Wilmington).     Committee,  45;    petition,  68;    motions, 

219,  224. 

CLARK,  EZRA  W.  (of  Brockton).  Committee,  44;  resolutions,  71,  72;  petition,  103; 
motions,  206,  260,  790;  amendments,  318,  327,  328,  757,  765  (2),  794,  805, 
809. 

Class  distinctions,  abolition  of.    See  "Public  Officers." 
Clerks  of  courts.    See  "County  Officers." 

COAKLEY,  DANIEL  H.  (of  Boston).    Committee,  45;  leave  of  absence,  678. 
Coal  and  wood,  sale  of,  by  municipalities.    See  "Necessities  of  Life." 
Codification  of  the  Constitution.    See  "Constitution,  Amendments  of  the." 
CODMAN,  JAMES  M.,  Jr.  (of  Brookline).     Committee,  43;    resolutions,  69  (2),  76; 

dissents,  131;  motions,  182,  392. 
COE,  S.  HAMILTON  (of  Worcester).    Committee,  45;  petition,  103;  reports,  97  (4), 

98  (3);  motion,  117;  leave  of  absence,  149,  617,  664. 
Cold  storage  warehouses.  See  "Food;"  "Necessities  of  Life." 
COLEMAN,  GEORGE  W.  (of  Boston).  Monitor,  24;  committees,  26,  43,  149;  petition, 

110;  motions,  26,  198;  leave  of  absence,  330,  687. 
Colleges  and  universities.    See  "Education." 

COLLIER,  DAVID  R.  (of  Gardner).    Committee,  44;  dissents,  118. 
COLLINS,  SAMUEL  I.  (of  Amesbury).    Committee,  43;   motions,  26,  207,  306,  320, 

502;  resolutions  of  sympathy,  746. 

Commissions  and  boards.    See  "Governor;"    "State  Administration." 
Commissions  and  committees  (recess).    See  "General  Court." 
Committee  hearings.    Bulletin  and  daily  list  of,  46;  advertisement  of,  49. 
Committees.    See  "Whole,  Committee  of  the." 
Service  on  recess.    See  "General  Court." 

Standing,  authorized,  24;  manner  of  appointing,  25;  appointed,  43. 
Filling  vacancies  on,  66,  79,  260,  334. 
Proposed  committee  on,  25. 
Record  of  action  of,  46;  list  of,  46,  624,  636. 
Extension  of  time  for  reports  of,  87,  117,  170,  181,  196,  205,  218,  244,  266,  283, 

306,  334,  367,  400,  427,  465,  503,  726. 
Avoidance  of  conflicting  references  to,  67. 
Reading  of  certain  reports  of,  dispensed  with,  89. 
Authorized  to  sit  during  sessions  of  the  Convention,  114,  330,  440. 
Special,  13,  19,  26,  57,  149,  170,  175,  239,  357,  615,  713,  837  (3),  845  (2), 

869. 

Order  (Pillsbury  of  Wellesley)  that  the  committee  on  Rules  and  Procedure 

consider  the  expediency  of  discharging  the  Committee  of  the  Whole  and 

of  rearranging  the  remaining  work  of  (adopted),  219,  224. 

President  authorized  to  appoint  such  special,  as  may  be  necessary  during  the 

recess  of  the  Convention,  575;   and  to  serve  as  chairman  of  all  such,  604. 


INDEX.  919 

Report  of  the  President  on  appointment  of  a  committee  "charged  with  the  duty 
of  making  certain  that  the  world  war  had  revealed  no  constitutional  prob- 
lems" not  already  before  the  Convention,  615;  report  of  the  committee, 
659.  See  "  Education." 

Commodities  and  merchandise.    See  "Necessities  of  Life." 

Compensation  of  members,  officers  and  attendants.    See  "Constitutional  Conven- 
tion." 

Compulsory  insurance  of  employees.    See  "Pensions." 
Compulsory  voting.    See  "Voters." 
Conduits,  safe  construction  of.    See  "Labor." 
Conflicting  committee  references.    See  "Committees." 

Connecticut  river.     Resolution  (accompanying  the  petition  of  Allen  Webster  and 
others)  to  authorize  the  expenditure  of  public  funds  for  the  improvement 
of  the,  in  the  State  of  Connecticut,  807,  816;  placed  on  file,  840. 
Connolly,  Timothy  L.     Communication  from,  requesting  the  appointment  of  a 
committee  on  Credentials  and  opportunity  to  protest  against  the  holding  of 
seats  by  certain  members  of  the  Convention,  53;  report  (no  action  neces- 
sary), 82;  accepted,  102. 
nstitution.    Printing  of  an  adjusted  text  of  the,  49. 

Codification  of  the.    See  "Constitution,  Amendments  of  the." 
Constitution,   amendments  of  the.     See   "Initiative  and  Referendum;"     "State 

Constitutions;"   "Supreme  Judicial  Court." 
Order  (Brown  of  Brockton)  providing  for  the  separate  submission  to  the  people 

of,  25,  26,  28;   amended  (Quincy  of  Boston)  and  adopted,  29. 
Order  (Hart  of  Cambridge)  providing  for  the  submission  of  a  main  constitution 
and  separate,  42,  48,  83  (new  draft),  101,  107  (recommitted),  755  (reported), 
793  (rejected). 

Resolution  relative  to  the  method  of  amending  the  Constitution  [majority 
vote  in  the  House  of  Representatives],  57;  Resolution  relative  to 'the 
future  amendment  and  revision  of  the  Constitution  (in  part),  58;  Reso- 
lution relating  to  specific,  68;  Resolution  relative  to,  passed  by  the  Gen- 
eral Court,  68;  Resolution  (reported)  to  provide  for  the  proposal  of 
future,  by  the  General  Court,  89;  rejected,  725. 

Resolution  relative  to  the  form  of,  68;   Resolution  relative  to  the  form  of,  68; 
Resolution  (reported)  providing  for  identifying,  and  inporporating  them  in 
the  text  thereof,  798,  811  (second  reading);  rejected,  820. 
Order  (Hart  of  Cambridge)  providing  for  printing  a  summary  of  proposed, 

which  have  been  favorably  reported  by  committees,  182;  adopted,  195. 
Order  (McCormack  of  Boston)  relative  to  submitting  to  the  people  at  the  1917 
state  election  such,  as  shall  be  duly  authorized,  211;  committed,  217,  246; 
new  draft  reported  (proposing  the  submission  of  amendments  passed  on  or 
before  October  1),  266;  recommitted,  278;  new  draft  (relating  to  absentee 
voting)  reported,  281;  recommitted,  292.  [No  report.] 

Order  (Adams  of  Quincy)  requesting  the  committee  on  Rules  and  Procedure 
to  consider  the  advisability  of  submitting  to  the  voters  proposals  adopted 
by  October  1  and  of  determining  the  best  method  of  expediting  the  remainder 
of  the  work  of  the  Convention,  218.  [No  report.] 

Order  (Garland  of  Somerville)  relative  to  sending  to  voters  information  con- 
cerning proposed,  49: 

Report  (inexpedient  with  respect  to,  for  the  1917  election)  accepted,  321. 
Order  (reported)  providing  that  a  pamphlet  containing  the  full  text  of  the 
several,  be  mailed  to  each  registered  voter,  816;  adopted,  841,  853  (Presi- 
dent's closing  remarks). 


920  INDEX. 

Constitution,  amendments  of  the  —  Concluded. 

Resolution  to  provide  for  the  codification  [by  a  commission  appointed  by  the 
Governor]  of  the  Constitution  after  amendment,  50;  reported  adversely 
and  rejected,  838. 

Resolution  relative  to  reconvening  the  Constitutional  Convention  for  the 
purpose  of  codifying  the  Constitution,  50;  Resolution  relative  to  rearrange- 
ment [by  the  Chief  Justice  of  the  Supreme  Judicial  Court]  of  the  Constitu- 
tion after  the  submission  of  proposed  amendments  to  the  people,  50;  order 
relative  to  submitting  to  the  people  an  amendment  containing  minor 
perfecting  amendments  not  of  a  controversial  nature,  170;  order  (re- 
ported) providing  for  a  special  committee  on  Rearrangement  of  the  Consti- 
tution after  submission  to  the  people  of  proposed  amendments,  and  pro- 
viding for  a  session  of  the  Convention  in  1919  to  act  on  the  report  of  said 
committee  and  to  submit  a  rearranged  constitution  to  the  people,  807; 
adopted,  820. 

Resolution  providing  for  future  constitutional  conventions,  57;  Resolution 
relative  to  the  future  amendment  and  revision  of  the  Constitution  (in 
part),  58;  Resolution  to  provide  for  future  revisions  and,  68;  Resolution 
relative  to  the  calling  and  holding  of  future  constitutional  conventions, 
68;  Resolution  providing  for  the  holding  of  a  constitutional  convention 
in  the  year  1942,  68;  Resolution  (reported)  to  provide  for  the  calling  and 
holding  of  future  constitutional  conventions,  89,  725  (second  reading); 
rejected,  727  (yea  and  nay),  733. 

Communication  from  the  Governor  recommending  an,  providing  for  voting  by 
absent  soldiers  and  sailors  (placed  on  file),  256. 

Order  (Walsh  of  Fitchburg)  relative  to  receiving  on,  the  votes  of  those  absent 
at  Ayer  and  elsewhere  in  military  or  naval  service,  266.  [No  report.] 

Order  (Quincy  of  Boston)  instructing  the  Secretary  of  the  Convention  to  obtain 
lists  of  registered  voters  from  the  several  cities  and  towns  and  to  report 
the  time  necessary  and  the  cost  of  printing  and  mailing  information  rela- 
tive to  proposed,  267;  report  committed,  287.  [No  report.] 

Order  (Washburn  of  Middleborough)  relative  to  the  manner  in  which  proposals 
for,  shall  be  submitted  to  the  people  at  the  1917  state  election,  273;  adopted, 
281: 
Order  (reported)  relative  to  the,  providing  for  absentee  voting,  308;  adopted, 

313. 

Order  (reported)  relative  to  the,  prohibiting  the  appropriation  of  public 
funds  for  private  educational  and  benevolent  purposes,  316;  amended 
and  adopted,  323-326;  printed,  336,  344,  393. 

Order  (reported)  relative  to  the,  providing  for  the  taking  and  distribution 
by  the  Commonwealth  and  its  municipalities  of  the  necessaries  of  life, 
332;  adopted,  333. 

Motion  (Anderson  of  Newton)  relative  to  placing  on  the  ballot  for  the  1917 
state  election  the,  embodied  in  the  Resolution  relative  to  the  support  of 
certain  institutions  from  public  funds  (committed),  303.  [No  report.] 

Order  (Lowe  of  Fitchburg)  providing  for  notifying  the  Secretary  of  the  Com- 
monwealth as  to  the,  to  be  put  upon  the  ballot  at  the  1917  state  election, 
303,  306;  amended  and  adopted,  307. 

Order  (Brackett  of  Arlington)  that  all,  be  submitted  to  the  people  at  a  special 
election  in  April,  1918  (committed),  320.  [No  report.] 

Address  to  the  people  (reported  by  the  committee  on  Rules  and  Procedure) 
relative  to  the,  to  be  submitted  at  the  1917  state  election,  377,  393;  re- 
jected, 501. 


INDEX. 


921 


Motion  (Walker  of  Brookline)  relative  to  the  manner  in  which  the  proposal 

for  establishing  the  initiative  and  referendum  shall  be  submitted  to  the 

people  at  the  1918  state  election,  602;  order  reported,  606;  amended  and 

adopted,  608. 
Order  (Quincy  of  Boston)  requesting  the  committee  on  Form  and  Phraseology 

to  report  proposed,  in  such  form  as  will  not  be  inconsistent  with  certain 

provisions  of  the  proposed,  relative  to  the  popular  initiative  and  referendum, 

653;  committed,  659.     [No  report.] 
Order  (Hart  of  Cambridge)  providing  for  printing  in  the  Calendar  the  text  of 

pending,  668;  rejected,  678. 
Order  (Washburn  of  Middleborough)  relative  to  the  manner  in  which  proposals 

for,  shall  be  submitted  to  the  people  at  the  1918  state  election,  772  (adopted); 

orders  (reported)  providing  for  placing  on  the  official  ballot  the  following 

proposals : 

Relative  to  the  public  interest  in  natural  resources,  823;   adopted,  841. 
Relative  to  the  regulation  of  advertising  in  public  places,  824;  adopted, 

841. 
Relative  to  the  preservation  and  maintenance  of  property  of  historical  and 

antiquarian  interest,  825;  adopted,  841. 

Relative  to  adjournments  of  the  General  Court,  826;   adopted,  841. 
Authorizing  the  General  Court  to  prescribe  the  manner  of  the  appointment 

and  removal  of  military  and  naval  officers,  826;   adopted,  841. 
Defining  the  powers  and  duties  of  the  General  Court  relative  to  the  military 

and  naval  forces,  827;  adopted,  841. 
Relative  to  succession  in  cases  of  vacancies  in  the  offices  of  Governor  and 

Lieutenant-Go vernor,  828;  adopted,  841. 
Authorizing  the  Governor  to  return  bills  and  resolves  to  the  General  Court 

with  recommendations  for  amendment,  829;  adopted,  841. 
Providing  that  women  shall  be  eligible  to  appointment  as  notaries  public, 

830;  adopted,  841. 

Relative  to  the  retirement  of  judicial  officers,  830;  adopted,  841. 
Relative  to  the  revocation  or  alteration  of  grants,  franchises,  privileges  or 

immunities,  831;  adopted,  841. 
Relative  to  the  power  of  the  General  Court  to  limit  buildings  according  to 

their  use  or  construction  to  specified  districts  of  cities  and  towns,  832; 

adopted,  841. 

Relative  to  compulsory  voting  at  elections,  833;  adopted,  841. 
Limiting  the  power  of  the  General  Court  to  lend  the  credit  of  the  Common- 
wealth and  to  contract  loans,  834;  adopted,  841. 
Relative  to  a  state  budget  and  the  veto  by  the  Governor  of  items  or  parts 

of  items  in  appropriation  bills,  834;  adopted,  841. 
Relative  to  biennial  elections  of  state  officers,  councillors  and  members  of 

the  General  Court,  835;  adopted,  841. 
Relative  to  service  on  certain  legislative  recess  committees  and  commissions 

(adopted),  842. 

Relative  to  the  more  efficient  administration  of  the  business  of  the  Common- 
wealth (adopted),  843. 
Constitution,  preamble  of  the.    Resolution  providing  for  an  amendment  of  the, 

50;    reported  adversely,  83,  111,112;  rejected,  115. 
Petition  of  J.  M.  Foster  accompanied  by  Resolution  relative  to  the,  68;  report 

(leave  to  withdraw),  83,  111,  113;  accepted,  115. 
Constitution,  rearrangement  of  the.     See  "Rearrangement  of  the  Constitution, 

Special  Committee  on." 


922  INDEX. 

Constitution,  rearrangement  of  the  —  Concluded. 

Rearrangement  reported,  859;  amended  and   adopted,  861;  submitted  to  the 

people,  861,  866;  correction  of  errors  and  establishment  of  text,  869. 
Constitution  of  the  United  States,  amendment  of  the.    Resolution  to  provide  for  the 

submission  to  the  people  of  any,  before  action  can  be  taken  thereon  by 

the  General  Court,  59;  reported  adversely,  96,  157,  158;  rejected,  161. 
Constitutional   Convention.     See   "Absence,   Leave   of;"     "Boston   City   Club;" 

"Chaplains;"    "Committees;"    "Liberty  Loan  Bonds;"    "Massachusetts 

Historical  Society;"   "Rules;"   "Social  Law  Library." 
Contested  claims  for  seats  in  the.     See  "Jennings,  Patrick  H.;"    "Johnson, 

Jasper  N.;"   "Sullivan,  Joseph  M.". 
Roll  calls  of  the.    See  "Quorum;"   "Yeas  and  Nays." 
Act  of  the  General  Court  authorizing  the,  3. 
Called  to  order  by  the  Governor,  7;  roll-call  of  the,  7;  members  of  the,  qualified, 

7,  23,  79,  231;  list  of  qualified  members  of  the,  8,  46. 
Election  of  a  Secretary  of  the,  13. 
Election  of  a  President  of  the,  13  (yeas  and  nays);   remarks  of  the  President 

of  the,  19,  615,  846,  870. 

Reconvening  of  the,  615,  857.    See  "Constitution,  Amendments  of  the." 
President  authorized  to  appoint  chaplains  for  the,  21. 
Election  of  a  Sergeant-at-Arms  of  the,  21.    See  "Sergeant-at-Arms." 
Daily  papers  for  the  use  of  the,  22,  628. 
Assistant  Secretary  of  the,  appointed,  22,  28. 
Journal  of  the,  ordered  printed,  23. 
Clerical  assistance  for  members  of  the,  23. 
Printing  of  the,  23,  34,  51,  55,  816,  840. 
Monitors  of  the,  appointed,  24. 

Committees  of  the,  appointed,  21,  24,  25,  43.     See  "  Committees." 
Rules  of  the,  21,  24,  28,  31,  34-42  (adopted);  amendments,  165  (2),  167,  171, 

182,  196,  245,  428,  617-624,  629,  658,  679,  791,  800. 
Attendance  of  delegates  of  the,  to  be  equivalent  to  court  engagements.     See 

"Courts." 
Freedom  of  the  floor  of  the,  granted  to  surviving  members  of  the  Convention 

of  1853,  23. 

Assignment  of  seats  to  members  of  the,  26. 

Suggested  postponement  (by  Congressman  Samuel  E.  Winslow)  of  the,  28. 
Stenographic  reports  of  proceedings  of  the,  30,  494  (approval  of  bills),  648,  658, 

673  (copies  for  newspapers). 
Ventilation  of  the  chamber  of  the,  34. 

Bulletin  and  daily  list  of  hearings  before  committees  of  the,  46. 
Pamphlet  containing  list  of  members,  committees  and  rules  of  the,  46,  624, 

636. 

Diagram  of  seats  in  the,  46. 

Advertisement  of  hearings  by  committees  of  the,  49. 
Documents  ordered  printed  by  the,  33,  46  (3),  62,  79  (2),  80,  100,  116,  118, 

122,  160,  167,  182  (3),  195,  236,  334,  336,  344,  393,  426,  624,  636  (2),  665, 

678,  815,  837,  839  (souvenir),  853  (President's  closing  remarks). 
Death  of  a  member-elect  of  the,  66,  615.    See  "Russell,  Walter  F." 
Death  of  Delegate  Dana  Malone  of  Greenfield,  169,  615;  resolutions  adopted, 

169;  committee  to  attend  the  funeral,  170;    communication  from  Mrs. 

Malone,  181;  payment  to  the  widow,  211. 
Death  of  Delegate  J.  Warren  Bailey  of  Somerville,  615;   resolutions  adopted, 

625. 


INDEX.  923 

Death  of  Delegate  John  Q.  A.  Brackett  of  Arlington,  615;  resolutions  adopted, 

626. 
Death  of  Delegate  Edward  A.  Richardson  of  Ayer,  862;    adjournment  as  a 

mark  of  respect,  862. 

Resolution  of  sympathy  to  Delegate  George  S.  Parker,  219,  244. 
Resolution  of  sympathy  to  Delegate  Herbert  E.  Cummings,  330,  367. 
Resolutions  of  sympathy  to  Delegate  Samuel  I.  Collins,  746. 
Admission  to  the  floor  of  the,  granted  to  Corporal  Slater  Washburn,  son  of 

Delegate  Washburn  of  Worcester,  781;  to  Lieutenant  Walter  L.  Bouve*,  Jr., 

son  of  Delegate  Bouve*  of  Hingham,  785;  to  Captain  Roy  A.  Daniels  of 

Lawrence,  806. 

Mr.  Charles  Buckley  of  Billerica  introduced  to  the,  797. 
Order  (Good  of  Cambridge)  relative  to  typewriting  facilities  for  members  of  the, 

67.     [No  report.l 
Order   (reported  by  the  committee  on  Rules  and  Procedure)  providing  for 

one  thousand  additional   copies  of  the  Manual  for  the,  245;   adopted, 

256. 
Order  (Pillsbury  of  Wellesley)  relative  to  protection  of  members  of  the,  against 

negligence  of  spectators  in  the  gallery  (dropping  of  articles),  303  (adopted). 
Motion  (Sullivan  of  Salem)  that  the  committee  on  Rules  take  steps  to  protect 

the  members  of  the,  from  such  scandalous  attacks  as  have  appeared  in  the 

"Boston  American"  (indefinitely  postponed),  424. 
Order  (Leonard  of  Boston)  instructing  the  Sergeant-at-Arms  to  impound  the 

documents  and  other  property  of  delegates  during  the  recess  of  the,  575; 

amended  and  adopted,  604. 
Hour  of  meeting  of  the:  eleven  o'clock  A.M.,  7;  ten  o'clock  A.M.,  57;  half-past 

ten  o'clock  A.M.,  114;  one  o'clock  P.M.,  87;  two  o'clock  .P.M.,  23,  28,  30,  33, 

49,  53,  67,  79,  103,  110;  daily  at  half-past  ten  o'clock  A.M.,  with  recess  from 

one  to  two,  and  adjournment  from  one  o'clock  on  Fridays  to  Tuesday 

morning,  114;  daily  (except  Monday  and  Saturday)  at  half -past  ten  o'clock 

A.M.,  with  recess  from  one  to  two,  and  adjournment  at  half-past  four  o'clock, 

625. 
Special  votes  on  adjournment  of  the,  27,  29,  32,  52,  66,  87,  109,  112,  128,  131, 

134  (yea  and  nay),  137  (yea  and  nay),  142,  147,  171,  172,  217,  219,  292, 

298,  300  (yea  and  nay),  305,  311,  319,  326,  355,  368,  372,  452,  464,  502,  537, 

557,  567,  610  (2),  626,  634  (2),  641,  693. 

Motions  proposing  evening  sessions  of  the,  181,  184,  194,  197,  216,  447,  557. 
Order  (Walker  of  Brookline)  proposing  daily  adjournment  at  half -past  four 

o'clock  and  Monday  afternoon  sessions,  181;    committed,  184;    reported 

adversely  and  withdrawn,  194. 

Order* (Finn  of  Chelsea)  proposing  morning,  afternoon  and  evening  sessions- 
daily,  with  adjournment  from  Friday  noon  to  Tuesday,  181;   committed> 

184;  reported  adversely,  194;  rejected,  197. 
Order  (Avery  of  Holyoke)  proposing  adjournment  of  the,  from  October  26  (1917) 

to  June  11  (1918),  273;    committed,  280,  345;   reported  adversely,  356; 

amended  and  adopted  (providing  for  adjournment  after  final  action  on  the 

initiative  and  referendum),  357  (yea  and  nay),  360;  reconsidered,  361  (yea 

and  nay),  363,  368;   amended  (adjournment  on  November  23  or  on  such 

later  date  as  final  action  shall  be  taken  on  the  initiative  and  referendum) 

and  adopted,  369. 
Order  (Besse  of  Newburyport)  providing  for  adjournment  of  the,  until  June, 

1918,  after  final  action  on  the  initiative  and  referendum,  334;  committed, 

345;  reported  adversely,  360,  364;  rejected,  369. 


924  INDEX. 

Constitutional  Convention  —  Continued. 

Order  (Feiker  of  Northampton)  providing  for  adjournment  from  November  23 
(1917)  to  December  4,  519;  refused  consideration,  539. 

Order  (reported  —  see  "Constitution,  Amendments  of  the")  providing  for  the 
adjournment  of  the,  to  meet  within  twenty  days  after  the  prorogation  of 
the  General  Court  of  1919,  807;  adopted,  820,  853. 

Adjournment  of  the,  from  June  6  to  11  (1917),  22;  from  June  14  to  19,  34;  from 
June  21  to  25,  56;  from  June  26  to  July  10,  67;  from  July  10  to  17,  85; 
from  September  21  to  26,  256;  from  October  11  to  16,  306;  from  November 
1  to  7,  426;  on  November  28  [to  June  12,  1918],  611;  from  June  28  to 
July  9,  668,  674;  from  August  15  to  20,  814;  on  August  21  [to  August 
12,  1919],  853;  sine  die,  871. 

Recesses  and  proposed  recesses  of  the,  114,  119,  123,  128,  139,  141,  157,  164,  165, 
172,  180,  190,  192,  197,  200,  203,  206,  209,  211,  220,  225,  232,  246,  256,  260, 
269,  277,  286,  290,  293,  307,  317,  326,  331,  339,  352,  357,  372,  383,  405,  418, 
447,  478,  481,  509,  526,  545,  595,  599,  631,  639,  644,  650,  655,  661,  666,  670, 
674,  681,  688,  693,  696,  702,  707,  715,  717  (allied  victory  along  the  Marne), 
721,  730,  735,  744,  747,  751,  757,  761,  762,  768,  778,  782,  789,  793,  803,  811, 
843. 

Method  of  procedure  in  the,  218,  629,  637,  648,  660,  706.    See  "Committees." 

Order  (French  of  Randolph)  providing  for  a  daily  roll-call  of  the,  and  a  record 
of  absentees,  136;  rejected,  141. 

Order  (Hart  of  Cambridge)  requesting  the  committee  on  Rules  and  Procedure 
to  report  a  rule  limiting  debate  on  all  propositions,  205;  committed,  209. 
[No  report.] 

Order  (Kenny  of  Boston)  requesting  the  committee  on  Rules  and  Procedure  to 
consider  the  expediency  of  printing  a  daily  pamphlet  of  speeches  (rejected), 
216. 

Order  (Sawyer  of  Ware)  relative  to  limiting  debate  on  each  stage  of  the  initiative 
and  referendum,  236;  committed,  245.  [No  report.] 

Motion  (George  of  Haverhill)  relative  to  placing  on  the  ballot  at  the  1917  elec- 
tion the  question  of  discharging  the,  from  further  duties,  320;  negatived, 
336. 

Order  (Bosworth  of  Springfield)  relative  to  the  prompt  printing  of  reports  of 
debates  on  matters  receiving  favorable  action,  648;  rejected,  658. 

Order  (Brown  of  Brockton)  relative  to  filling  the  vacancy  in  the  membership 
of  the,  from  the  Tenth  Plymouth  Representative  District,  393;  rejected, 
401. 

Order  (Harriman  of  New  Bedford)  that  the  committees  on  Elections  and  Rules 
and  Procedure  report  as  to  the  advisability  of  making  provision  for  filling 
vacancies  in  the  membership  of  the,  423;  report  (inadvisable)',  505,  602; 
accepted,  609. 

Recognition  of  members  of  the,  in  war  service,  615,  843,  852. 

Resolution  (Bailey  of  Newbury)  recording  the  grateful  recognition  of  the  mem- 
bers of  the,  of  the  courageous  loyalty  of  their  fellow  citizens  under  arms, 
and  pledging  anew  unfaltering  support  to  the  just  cause  in  which  the 
nation  has  enlisted,  604. 

Order  (adopted)  directing  the  Secretary  to  make  suitable  record  in  the  Journal 
of  the  Convention  of  members  who  served  in  the  war  with  Germany,  863. 

Order  (Curtis  of  Revere)  providing  for  a  souvenir  of  the,  to  be  prepared  from 
material  gathered  by  Arthur  M.  Bridgman  (amended  and  adopted),  839. 

Order  (Anderson  of  Newton)  for  a  special  committee  to  arrange  a  reunion  din- 
ner in  1919  (adopted),  837;  committee  appointed,  837;  report  accepted,  869. 


INDEX.  925 

Order  (Williams  of  Brookline)  authorizing  Delegate  Luce  of  Waltham  of  the 
committee  on  Rules  and  Procedure  to  supervise  the  publication  and  dis- 
tribution of  the  records  of  the,  816;  adopted,  840. 

Delegate  Luce  of  Waltham  authorized  to  supervise  the  publication  and  dis- 
tribution of  the  records  of  the,  840. 

Resolution  (adopted)  expressing  the  appreciation  of  the,  for  the  highly  impor- 
tant work  done  by  Delegate  Luce  of  Waltham  editing  the  debates  of  the, 
840. 

Resolutions  (adopted)  of  appreciation  of  the  services  of  the  President  of  the, 
844;  of  the  Secretary,  845;  of  the  Sergeant-at-Arms,  845. 

Adjournment  of  the,  sine  die,  871. 
Compensation  of  members  and  others: 

Order  (adopted)  fixing  the  compensation  of  members  of  the,  30.  See  "Treas- 
urer and  Receiver-General." 

Order  relative  to  the  travelling  expenses  of  members  of  the,  33. 

Order  providing  for  a  report  relative  to  the  manner  in  which  compensation  shall 
be  paid  to  members  of  the,  49;  report,  62;  accepted,  77;  supplementary 
report  accepted,  87. 

Order  (adopted)  relative  to  the  compensation  of  Delegate  Charles  S.  Bird,  Jr., 
280. 

Order  providing  compensation  for  members  and  employees  of  the,  for  November, 
1917,  335;  committed,  345.  [No  report.] 

Order  providing  compensation  for  members  and  employees  of  the,  for  November, 
1917,  and  a  part  of  December  (committed),  345.  [No  report.] 

Motion  (Sullivan  of  Salem)  instructing  the  committees  on  Rules  and  Procedure 
and  Contingent  Expenses  and  Pay-Roll  to  take  steps  to  secure  from  the 
next  General  Court  an  additional  appropriation  for  the  expenses  of  the, 
465;  amended  (providing  for  an  inquiry  and  report)  and  adopted,  495; 
report  (inadvisable),  505;  accepted,  603. 

Orders  (adopted)  relative  to  the  manner  in  which  compensation  shall  be  paid  to 
members  of  the,  for  1918,  628,  636,  673,  726. 

Orders  (adopted)  providing  for  the  pay-roll  of  travelling  expenses  of  members 
of  the,  for  1918,  636,  642. 

Order  requesting  the  Treasurer  and  Receiver-General  to  accept  waivers  of 
salaries  of  absent  members  of  the,  and  to  dispose  of  sums  so  waived  to  the 
Red  Cross  or  other  designated  charity,  781,  789;  amended  and  adopted, 
792. 

Order  (adopted)  relative  to  the  compensation  of  members  of  the,  for  travelling 
expenses  and  attendance  for  the  1919  session,  862;  report  amended  and 
accepted,  867. 

Orders  (adopted)  relative  to  granting  compensation  to  certain  absent  members 
868  (2). 

Order  (adopted)  instructing  the  committee  on  Contingent  Expenses  and  Pay- 
Roll  to  determine  the  compensation  of  the  secretaries  and  Sergeant-at- 
Arms  and  their  assistants,  62;  orders  (reported  and  adopted)  establishing 
compensations,  108,  111,  171. 

Order  (adopted)  allowing  the  Secretary  and  Assistant  Secretary  additional  com- 
pensation, 604. 

Order  (adopted)  directing  the  committee  on  Contingent  Expenses  and  Pay- 
Roil  to  determine  the  compensation  of  the  secretaries  and  Sergeant-at- 
Arms  and  their  assistants  for  1918,  673;  reports  accepted,  705,  732, 
743. 

Similar  order  for  the  session  of  1919,  862;  report  amended  and  accepted,  867. 


926  INDEX. 

Constitutional  Convention  —  Concluded. 

Compensation  of  members  and  others  —  Concluded. 

Order  (adopted)  authorizing  the  committee  on  Contingent  Expenses  and  Pay- 
Roll  to  provide  for  compensation  for  State  House  employees  upon  whom 
extra  duties  are  imposed,  110;  report  (engineers,  firemen,  electricians, 
helpers,  elevator  men,  oilers  and  steam  fitters),  223;  adopted,  231. 
Order  (adopted)  relative  to  compensating  the  State  House  porters  and  watch- 
men for  extra  services,  236;  report  (porters),  423;  recommitted,  501;  re- 
ported, 576;  amended  (including  watchmen  and  scrubwomen)  and  adopted, 
609;  reconsidered,  amended  and  adopted,  610,  611. 

Order  (adopted)  relative  to  granting  the  matron  of  the  State  House  additional 
compensation,  427;   report  (no  action  necessary),  576;  amended  (granting 
$50  to  the  matron)  and  accepted,  610. 
Order  (adopted)  relative  to  compensating  the  elevator  men  in  the  State  House 

for  extra  work  in  1918,  708;  report,  732;   accepted,  743. 

Orders  (adopted)  relative  to  compensating  employees  in  the  engineer's  depart- 
ment of  the  State  House,  791;  the  carpenters  and  scrubwomen,  806;  report 
accepted,  815. 
Order  (adopted)  relative  to  compensating  the  special  state  police  officers  assigned 

for  duty  in  the  State  House,  815;  report  (inexpedient)  accepted,  838. 
Constitutional  Convention,  commission  appointed  to  compile  information  and  data 
for  the  use  of  the.     Communication  from  the  Governor  transmitting  a 
summary  of  the  work  of  the,  42. 
Publications  of  the,  for  other  states,  46. 
Bulletins  of  the,  62,  79  (2),  182  (2),  194  (2),  223,  244,  280,  423,  427  (2),  636, 

665,  837. 

Communication  from  the  Governor  transmitting  final  report  of  the,  815  (com- 
mitted) ;  order  of  appreciation  reported  and  adopted,  838. 
Constitutional  conventions  (future).    See  "Constitution,  Amendments  of  the." 
Constitutionality  of  statutes.    See  "Courts." 
Construction  of  buildings,  subways,  tunnels,  conduits,  dams,  bridges,  etc.     See 

"Buildings;"   "Labor." 
Contempt  cases.    See  "Judicial  Procedure." 
Contested  election  cases,  12,  46,  47,  53.    See  "Connolly,  Timothy  L.;"   "Jennings, 

Patrick  H.;"   "Johnson,  Jasper  N.;"   "Sullivan,  Joseph  M." 
Contingent  Expenses  and  Pay-Roll,  committee  on.    Authorized,  25;  appointed,  46, 
334;  references,  30,  49,  62,  67,  110,  136,  236,  335,  345  (2),  427,  465,  495, 
501,  628,  636,  673,  708,  791,  806  (2),  815,  862;   reports,  62,  77,  87,  108, 
171,  191,  223,  423,  505,  576  (2),  603,  609,  635,  642,  732,  743,  815,  838,  867. 
Control,  board  of.    See  "State  Administration." 
Convention  of  1853.    Surviving  members  of  the,  granted  the  privilege  of  the  floor, 

23. 

COOGAN,  CLEMENT  F.  (of  Pittsfield).    Committee,  44. 
COOK,  BENJAMIN  A.  (of  Fitchburg).    Committees,  45,  837;  motion,  760. 
COOK,  RUFUS  H.  (of  Northampton).    Committee,  45;  report,  842;  motion,  495. 
Coolidge,  His  Honor  Calvin,  7.    See  "Lieutenant-Governor." 
COOLIDGE,  Louis  A.   (of  Milton).     Committee,  43;    dissents,  89;    motions,  164, 
182,  256,  270,  273,  642;    amendments,  285,  290;   leave  of  absence,  287, 
658;  presides,  285. 
COOMBS,  ZELOTES  W.  (of  Worcester).    Committees,  45,  239,  837;   reports,  89,  93; 

motions,  215,  617,  664. 

COONEY,  CHARLES  P.  (of  Peabody).    Committee,  43;  report,  85. 
Corporations.    See  "Milk  Dealers;"   "Privileges;"   "Taxation." 


INDEX.  927 

CORRIGAN,  ROBERT  S.  (of  Natick).    Committee,  43;   report,  85;   dissents,  98,  99; 

motion,  664. 

Corrupt  practices  in  elections.    See  "Elections." 
COSTELLO,  FRANCIS  M.  (of  Boston).     Committee,  45;    reports,  95,  96;    motions, 

687,  726;  amendment,  325,  326. 
Costs,  payment  of.    See  "Judicial  Procedure." 
COUGHLAN,  WILLIAM  J.  (of  Boston).    Committee,  45;  resolution,  501;  report,  824; 

motion,  502;  leave  of  absence,  691. 
Council  (Executive),  7.    See  "Biennial  Elections;"  "General  Court;"  ."Governor;" 

"Pardons;"   "Supreme  Judicial  Court." 
Resolution  relative  to  the  appointment  of  Councillors  by  the  Governor,  47; 

reported  adversely,  93;  rejected,  692. 

Resolution  relative  to  giving  the,  the  powers  and  duties  of  county  commis- 
sioners, 50;  reported  adversely,  92;  rejected,  638. 

Resolution  to  provide  for  efficient  government  through  co-ordination  of  the 
various  departments  [in  a,  to  consist  of  the  .Lieutenant-Governor,  Treas- 
urer and  Receiver-General,  Secretary  of  the  Commonwealth,  Auditor  of 
the  Commonwealth  and  heads  of  departments],  61;  reported  adversely, 
798;  rejected,  808. 
Resolution  providing  for  the  abolition  of  the,  70,  88;  reported  adversely,  732; 

rejected,  768. 

Resolution  providing  for  the  abolition  of  the,  and  the  transfer  of  its  powers 

and  duties  to  the  Senate,  70,  88;   reported  adversely,  732;  rejected,  768. 

Resolution  to  provide  for  the  abolition  of  the,  70,  88;  reported  adversely,  733; 

rejected,  768. 

Resolution  relative  to  the  passing  by  the,  of  statutory  orders  relating  to  local, 
special  or  private  matters,  746;  rejected,  792.  See  "State  Administra- 
tion." 

Counsel  for  certain  defendants.    See  "Public  Defender." 

County  and  District  Government,  committee  on.    Authorized,  24;   appointed,  45; 
references,  50,  58,  68,  69,  89,  133;    time  extended,  87,  133;    reports,  92 
(2),  93  (4),  115,  144. 
County  commissioners.    Duties  of.    See  "Council." 

Resolution  relative  to  abolishing  the  office  of,  69;    reported  adversely,  93; 

rejected,  644. 
Resolution  relative  to  the  abolition  of  the  office  of,  69;    reported  adversely, 

93;  accepted,  638. 
County  officers.    See  "Public  Officers." 

Resolution  relative  to  the  manner  of  choice  [appointment  by  the  Governor]  of 
district  attorneys,  clerks  of  courts,  registers  of  probate  and  sheriffs,  58; 
reported  adversely,  93;  rejected,  654. 
Resolution  relative  to  appointment  by  the  Governor  of  certain,  69;   reported 

adversely,  93;  rejected,  638. 

County  ownership  of  public  utilities.    See  "Public  Ownership." 
Courts.    See  "Judicial  Procedure;  "    "Police  Power." 

Resolution  limiting  the  power  of  the,  to  declare  statutes  to  be  unconstitutional, 
53;   reported  adversely,  84,  132  (2),  139  (2),  140  (2),  141,  142  (2),  143; 
rejected,  144  (yea  and  nay). 
Resolution  to  prohibit  the  judiciary  from  nullifying  or  suspending  laws,  60; 

reported  adversely,  96,  142,  143;  rejected,  147. 

Resolution  enlarging  the  power  of  a  minority  of  the  Supreme  Judicial  Court 
in  construing  the  constitutionality  of  law,  72;  reported  adversely,  96,  142, 
143;  rejected,  147. 


928  INDEX. 

Courts  —  Concluded. 

Order  (Kenny  of  Boston)  requesting  the,  to  make  the  attendance  of  delegates 
at  the  Convention  equivalent  to  a  court  engagement  (adopted),  287;  favor- 
able responses,  312  (Superior  Court),  357  (Supreme  Judicial  Court),  400 
(Municipal  Court  of  the  City  of  Boston). 

Courts,  clerks  of.    Appointment  of.    See  "County  Officers." 

Resolution  relative  to  the  selection  of,  by  the  justices  thereof,  72;  reported 
adversely,  96;  rejected,  660. 

Courts  martial.    See  "Military  Affairs." 

Cox,  GUY  W.  (of  Boston).  Committees,  44,  170;  reports,  100,  104;  dissents,  104, 
115;  motions,  275,  292,  664,  667  (2);  leave  of  absence,  292;  presides, 
644,  801. 

CRAFTS,  LYMAN  A.  (of  Whately).    Committee,  45;  report,  115;  motion,  311. 

CRAVEN,  JOHN  H.  (of  Boston).    Committee,  45;  resolution,  72. 

Cream  and  milk,  prompt  payments  to  producers  of.    See  "Milk  Dealers." 

CREAMER,  WALTER  H.  (of  Lynn).  Committees,  13,  44;  resolutions,  53,  54  (2), 
60  (2),  62,  77;  reports,  99,  104;  dissents,  100;  motions,  7,  35,  134,  137, 
140,  142,  260,  303  (2),  306,  355,  385,  387,  390,  393,  408,  410,  620,  622  (3), 
656,  752,  754,  755,  868;  amendments,  142,  143,  649,  750,  751  (2),  752; 
presides,  721-725. 

Credentials,  (proposed)  committee  on.    See  "Connolly,  Timothy  L." 

Credit  (public).    See  "Loans;"   "State  Finances." 

CREED,  JAMES  F.  (of  Boston).  Monitor,  24;  committees,  26,  45,  845;  resolution, 
76;  dissents,  83,  89;  report,  825;  motions,  244,  306,  317,  494,  715,  731, 
745,  749,  766,  772,  805,  812;  amendment,  792;  presides,  657. 

Criminal  causes.    See  "Judicial  Procedure." 

CROSBY,  J.  Ho  WELL  (of  Arlington).  Committees,  43,  149;  resolution,  626;  reports, 
84,  93  (2);  motions,  160,  207,  575,  626,  859;  leave  of  absence,  628. 

CROSSLEF,  WILLIAM  CYRIL  (of  Fall  River).  Committee,  45;  report,  829;  leave  of 
absence,  664. 

CUMMINGS,  HERBERT  E.  (of  North  Brookfield).  Committee,  45;  leave  of  absence, 
204;  resolution  of  sympathy  for,  330,  367. 

CUMMINGS,  JOHN  W.  (of  Fall  River).  Votes  received  by,  for  President,  19;  com- 
mittees, 43,  845;  report,  278;  motions,  etc.,  181,  185,  278,  523,  845;  amend- 
ments, 226,  278,  283,  286,  290,  296,  374,  376,  511,  523;  leave  of  absence, 
306;  presides,  278. 

CURTIS,  ARTHUR  B.  (of  Revere).  Committees,  46,  57;  petition,  103;  reports,  62, 
87,  108,  642,  705,  815,  838,  867;  motions,  49,  62,  67,  87,  235,  501,  575, 
628,  636,  673  (2),  686,  726,  768,  781,  789,  792  (2),  804,  839,  862,  868;  amend- 
ments, 227,  509,  585,  743,  839;  leave  of  absence,  283;  presides,  710-712. 

CURTIS,  CHARLES  P.,  Jr.  (of  Boston).  Committee,  45;  resolution,  71;  reports,  81, 
82;  dissents,  131;  leave  of  absence,  202;  presides,  307;  war  service,  615. 

CURTIS,  EDWIN  U.  (of  Boston).  Committees,  21,  43  (2),  616,  837;  resolution,  68; 
reports,  89,  156  (2),  157  (3),  224,  236,  244,  344,  837;  dissents,  89,  659; 
motions,  21,  32,  42,  49,  78,  80,  112,  120,  121,  156,  157,  164,  172,  196,  246, 
248,  256,  263,  280,  292,  296,  303,  326  (2),  336,  357,  447,  502,  575,  658, 
705,  709  (2),  717,  720,  771,  804,  837;  amendments,  120,  121,  168,  172, 
185,  263,  269  (2),  270,  282,  290,  325,  326,  511,  529  (2),  644;  statements 
ordered  printed,.  173,  188;  presides,  156,  157,  680. 

CURTISS,  ELMER  L.  (of  Hingham).  Committee,  44;  resolution,  75;  report,  746; 
motion,  785;  amendment,  789,  790;  leave  of  absence,  200. 

CUSICK,  JOHN  F.  (of  Boston).  Committee,  45;  reports,  95,  96  (3);  motions,  155, 
203;  amendment,  318,  328. 


INDEX.  929 

D. 

DALE,  GEORGE  H.  (of  Watertown).    Committees,  44,  837;  report,  93;  motion,  205. 

DALEY,  PETER  (of  Lowell).    Committee,  44. 

DALY,  JOHN  W.  (of  Lowell).    Committees,  45,  357;  motion,  662;  leave  of  absence, 

764. 

Dams,  safe  construction  of.    See  "Labor." 

Daniels,  Captain  Roy  A.,  of  Lawrence,  granted  admission  to  the  floor  of  the  Con- 
vention, 806. 

DAVIS,  ELBRIDGE  G.  (of  Maiden).    Committee,  45;  motion,  26;  reports,  95,  97. 
DAVIS,  WILLIAM  R.  (of  Cambridge).    Committee,  45;   motions,  181,  201,  373. 
DAY,  CHARLES  M.   (of  Winchendon).     Committee,  44;    resolution,  59;    petition, 

114;  motion,  393;  leave  of  absence,  628. 
DEAN,  ROBERT  A.  (of  Fall  River).    Committees,  45,  616;   resolution,  68;  reports, 

63,  88;   dissents,  505;   motion,  330;   amendments,  253,  602,  609. 
Death  benefits.    "Pensions;"    "Russell,  Walter  F." 
Debate,  limit  of,  29,  172,  183,  202,  205  (3),  224,  236,  260,  263,  264,  269,  273,  291, 

303,  310,  325  (2),  337,  357,  401,  408,  410,  428,  435,  442,  506,  517,  523.    See 

"Rules." 
Debates  of  the  Convention,  relative  to  printing  and  distributing  the,  52,  160,  167, 

648,  658,  673,  816,  840. 

Debt  of  the  Commonwealth.    See  "State  Finances." 
Debtors,  imprisonment  of.    See  "Poor  Debtors." 
Decennial  census,  taking  of.    See  "Census." 
Defendants,  counsel  for  certain.    See  "Public. Defender." 
DELANEY,  Louis  F.  (of  Holyoke).    Committee,  44;  resolutions,  60  (2),  69,  72,  76, 

77;   dissents,  182;  motions,  278,  307,  356,  495. 

DELANO,  ROBERT  T.  (of  Wareham).    Special  seat,  26;   committee,  45. 
Delegates  to  the  Convention  (see  "Constitutional  Convention"): 
At  large,  8.    See  "Jennings,  Patrick  H." 
From  Congressional  districts,  8. 
From  Representative  districts,  9-12. 
DELLINGER,  RAYMOND  P.  (of  Wakefield).     Committee,  43;   resolution,  76;   report, 

88;   dissents,  91,  131;   motion,  693;   amendments,  198,  233  (2),  692,  699, 

759,  761,  765  (2);  leave  of  absence,  749. 

Denominational  institutions,  support  of:    See  "Public  Funds." 
Departments  of  the  Commoriwealth.    See  "State  Boards  and  Commissions." 

Issuing  of  ordinances  by.    See  "  State  Administration." 
Dependents,  assistance  for  certain.    See  "Pensions." 
DERBYSHIRE,  JAMES  H.  (of  Lawrence).    Committee,  45;  petition,  103. 
Discriminations.    See  "Public  Officers;"    "Voters;"   "Women." 
District  attorneys.    See  "County  Officers." 

Resolution  providing  for  the  appointment  of  [by  the  Attorney-General],  54,  68; 

reported  adversely,  92;  rejected,  704. 
So  much  of  the  Resolution  relative  to  the  appointment  of  the  Attorney-General 

by  the  Governor  and  of  the,  by  the  Attorney-General  as  relates  to  the 

appointment  of,  69,  133;   reported  adversely,  144;   rejected,  702  (quorum 

roll-call).    See  "Attorney-General." 

DOE,  ORESTES  T.  (of  Franklin).     Committee,  43;   petition,  103;    report,  83;   pre- 
sides, 789. 
DONNELLY,  JAMES  P.  (of  Lawrence).     Committee,  45;   resolutions,  68,  69,  72  (2), 

74,  75  (2). 


930  INDEX. 

DONOGHUE,  JOHN  A.  (of  Boston).     Committees,  44,  175;    resolutions,  53,  54,  70, 

74  (2);  report,  100;  dissents,  100,  104. 
DONOVAN,  DANIEL  R.  (of  Springfield).    Committee,  44;  resolutions,  59  (2),  60,  73  (2); 

motions,  723;  amendments,  229,  234. 
DONOVAN,  JAMES  A.  (of  Lawrence).     Committee,  44;  resolution,  50;  report,  118; 

dissents,  119  (2);  motions,  50,  56,  63,  66. 

DONOVAN,  THOMAS  F.  (of  Boston).    Committee,  45;   resolution,  69. 
DORAN,  JAMES  P.  (of  New  Bedford).    Committee,  45;   resolution,  50;   report,  830; 

motions,  283,  334;  leave  of  absence,  160. 

DOUGLASS,  JOHN  J.  (of  Boston).    Committee,  43;  report,  131;  leave  of  absence,  713. 
DRESSER,  FRANK  F.  (of  Worcester).    Committees,  45,  845;    reports,  96  (2),  97,  231; 

motions,  125,  218,  303,  331,  778;  amendments,  124,  125,  331,  660,  661,  662, 

663,  776. 
DRISCOLL,  DENNIS  D.  (of  Boston).    Committee,  43;   resolutions,  74,  75;   motions, 

88,  157,  190,  203,  204,  218,  255,  261,  312  (2),  313,  496,  529,  635,  708,  717, 

721,  774,  820;   amendments,  450,  498. 
DRISCOLL,  TIMOTHY  J.  (of  Boston).     Committee,  45;    dissents,  88;    motion,  105; 

leave  of  absence,  687,  726. 
DUTCH,  CHARLES  FREDERICK  (of  Winchester).    Committees,  45,  66,  845;   petitions, 

103,  114;  reports,  92,  746,  798  (3);  motions,  53,  205,  209,  214,  269,  284,  285, 

327,  498,  648,  655;  amendments,  129,  278,  283,  290,  318,  327,  374,  656  (2), 

663,  666;  presides,  672. 

E. 

Education.    See  "Public  Funds." 

Resolution  to  establish  all  universities  in  the  Commonwealth  on  an  equal  basis, 
50;  Resolution  relative  to  the  encouragement  of  literature  and  learning  and 
physical,  58;  Resolution  relative  to  the  organization  and  support  of  the 
system  of  public  schools,  69;  petition  of  George  Hale  Nutting  and  others 
accompanied  by  Resolution  providing  for  training  in  the  duties  of  citizen- 
ship in  all  public  schools  and  defining  the  duties  of  citizenship,  69;  Reso- 
lution (reported)  relative  to  universities  and  colleges  and  to  the  encourage- 
ment of  literature,  89,  280  (first  reading),  285,  291,  293,  294  (yea  and  nay 
on  amendments),  296  (amended)  (yea  and  nay),  307,  314  (second  reading); 
rejected,  331. 

Resolution  (reported  by  a  special  recess  committee)  relative  to  uniform  standards 
of  instruction  for  public,  659;  withdrawn,  720. 

Education,  committee  on.  Authorized,  25;  appointed,  45;  references,  50,  58,  69; 
reports,  89,  93. 

Educational  institutions.    See  "Taxation." 

Effective  administration,  commission  on.    See  "State  Administration." 

Elected  officials,  removal  of,  by  the  Governor,  and  terms  of.    See  "Public  Officers." 

Election  laws.  Resolution  relative  to  applying  all  laws  and  legal  provisions  governing 
the  election  of  state  officers  to  the  election  of  all  municipal  officers,  76; 
reported  adversely,  85;  rejected,  644. 

Elections.     See   "Biennial   Elections;"    "Judges;"    "Public   Defender;"    "Public 

Service  Commission;"    "State  Election;"    "Voters." 
Resolution  relative  to  the  counting  of  ballots  cast  at,  76;   reported  adversely, 

85;  rejected,  630. 
Resolution  relative  to  corrupt  practices  in,  76;  reported  adversely,  85;  rejected, 

687. 

Resolution  relative  to  prohibiting  the  use  of  party  designations  in  certain 
[municipal]  primaries  and,  77;  reported  adversely,  85;  rejected,  669. 


INDEX.  931 

Elections,  committee  on.  Authorized,  25;  appointed,  45;  references,  46,  47  (2),  53, 
393,  401,  423;  reports,  63,  78,  82,  88  (2),  505,  602,  608. 

Electricity.    See  "Necessities  of  Life;"    "Public  Ownership." 

ELLIS,  THEODORE  W.  (of  Springfield).  Committee,  46,  260  (resignation);  leave  of 
absence,  181,  193;  war  service,  615. 

Eminent  domain.    See  "Land,  Taking  of." 

Employees,  insurance  of,  and  welfare  of.  See  "Civil  Service;"  "Labor;"  "Pen- 
sions;" "Public  Employees." 

Equal  suffrage.    See  "Voters." 

Equity  proceedings.    See  "Judicial  Procedure." 

Evidence,  rules  of.    See  "Judicial  Procedure." 

Executive,  committee  on  the.  Authorized,  24;  appointed,  44;  references,  47,  58, 
88,  104,  155,  157;  time  extended,  87,  117,  133,  155,  170,  181,  196,  205, 
218,  244,  266,  283,  306,  334,  367,  400,  427,  465,  503;  sittings,  668;  reports, 
88,  89  (3),  93  (4),  133,  155,  732  (4),  746  (4). 

Executive  budget.    See  "State  Finances." 

Executive  Council.    See  "Council." 

Executors,  supervisor  of.    See  "Administrators  and  Executors." 

Exemptions  from  taxation.    See  "Taxation." 

F. 

Fact,  issues  of.    See  "Judicial  Procedure." 

Farming  lands  and  products,  taxation  of.    See  "Taxation." 

FARNSWORTH,  FRANK  S.  (of  Leominster).    Committee,  44. 

FEIKER,  WILLIAM  H.  (of  Northampton).    Committees,  44,  170;  report,  100;  motions, 

etc.,  167,  232,  360,  423,  428,  494,  519  (2),  539,  605,  606,  680,  785   (2), 

811. 
FERRET,  IRVING  D.  (of  Pittsfield).    Committees,  43,  149,  170;   dissents,  91;   leave 

of  absence,  868. 
FERRY,  JAMES  R.    (of  Northbridge).     Committee,  43;    report,  85;    dissents,  99; 

amendment,  650,  654. 
FINN,  E.  PHILIP  (of  Chelsea).    Committee,  44;  resolutions,  50,  60,  61;  report,  88; 

dissents,  91;   motions,  163,  181,  184,  197,  575;   amendment,  256,  258. 
Fire  insurance  (state).    See  "Insurance  Fund." 
Firms,  giving  of  bonds  by  certain,  and  others.    See  "Milk  Dealers." 
Fish  and  game.    See  "Natural  Resources." 
FISHER,  EDWARD  (of  Westford).    Committee,  43;  reports,  93,  94  (2);   amendment, 

369;  leave  of  absence,  628. 
FITZ-RANDOLPH,  REGINALD  T.  (of  Nantucket).    Committees,  44,  149;   resolutions, 

61,  73;    reports,  99,  100;    dissents,  115;    motions,  170,  794,  807;    amend- 
ment, 416;   leave  of  absence,  642. 
FLAHERTY,  WILLIAM  (of  Boston).    Committee,  44;   reports,  119  (2);   dissents,  91; 

motion,  673.  * 

Flowers  and  birds.    See  "Natural  Resources." 
FLYE,  Louis  EDWIN  (of  Holbrook).     Committees,  44,  239;    report,  104;    dissents, 

115;  leave  of  absence,  664. 

FLYNN,  MAURICE  R.  (of  Maiden).    Committee,  44;   motions,  377,  720,  784,  806. 
Food.    Resolution  requiring  publicity  as  to,  kept  in  cold  storage,   60;  reported 

adversely,  84;  rejected,  655. 

Foodstuffs,  sale  of,  by  municipalities.    See  "Necessities  of  Life." 
Foreign  states,  entertaining  hereditary  representatives  of.    See  "Public  Funds." 
Forests.    See  "Natural  Resources." 


932  INDEX. 

Form  and  Phraseology,  committee  on.  Authorized,  25;  appointed,  46,  260;  ref- 
erences, 80,  494,  653,  659;  time  extended,  87;  sittings,  440;  reports,  118, 

167,  185,  267,  312,  331,  506,  599;  statement  of  the  chairman  of  the  (ordered 

printed),  191. 
Order  (Parkman  of  Boston)  relative  to  referring  amended  resolutions  to  the 

(adopted),  312;  report  (recommending  an  amendment  of  Rule  28)  accepted, 

428. 
Order  (Washburn  of  Middleborough)  requesting  the,  to  report  in  detail  all 

changes  made  or  recommended  in  matters  referred  to  it,  320,  331;  adopted, 

336;  exception,  503. 
Foss,  GEORGE  H.   (of  Springfield).     Committee,  45;    petition,  103;    amendment, 

809. 
France.    Reception  of  the  "Blue  Devils"  of,  627,  852. 

Allied  victory  along  the  Marne  in,  717. 
Franchises.    See  "Privileges;"   "Taxation." 

Resolution  relative  to  prohibiting  the  granting  of,  for  longer  terms  than  fifty 

years,  74;  reported  adversely,  85;  rejected,  643. 
Resolution  relative  to  limiting  the  granting  of,  to  terms  of  twenty-five  years, 

74;   reported  adversely,  85;  rejected,  649. 

FRASER,  EUGENE  B.  (of  Lynn).    Committee,  44;  leave  of  absence,  664. 
Free  public  libraries.     Statements  relative  to  the  definition  of  (ordered  printed), 

173,  191. 
FRENCH,  ASA  P.  (of  Randolph).    Committees,  45,  170,  845;  petition,  103;  reports, 

95  (2);  motions,  136  (2),  141  (2),  319;  amendment,  529;  leave  of  absence, 

160,  207,  356,  575;  presides,  381,  382. 
FROST,  ARCHIE  N.  (of  Lawrence).     Committees,  44,  845;   resolution,  74;    motion, 

806. 
Fuel  yards.      See  "Necessities  of  Life." 

G. 

GALLAGHER,  DANIEL  J.  (of  Boston).  Committee,  43;  reports,  99  (3);  dissents,  99; 
leave  of  absence,  149. 

Game.    See  "Natural  Resources." 

GARLAND,  FRANCIS  P.  (of  Somerville).  Committees,  45,  845;  reports,  321,  831, 
838;  motions,  49,  816,  838. 

GARTLAND,  JOHN  J.  (of  Boston).    Committee,  43;  reports,  93  (2),  94. 

Gas  and  electricity,  manufacture  and  sale  of,  by  public  authorities.  See  "Necessities 
of  Life;"  "Public  Ownership." 

GATES,  JOSEPH  S.  (of  Westborough).  Committee,  44;  reports,  89,  133,  155,  732 
(4);  motions,  710,  715;  amendments,  765  (2). 

GAYLORD,  HENRY  E.  (of  South  Hadley).  Committee,  43;  report,  94;  motions, 
749,  805. 

General  Court.  See  "Biennial  Elections;"  "-Buildings;"  "Constitution,  Amend- 
ments of  the;"  "Constitution  of  the  United  States,  Amendment  of  the;" 
"Governor;"  "Initiative  and  Referendum;"  "Legislature;"  "Milk 
Dealers;"  "Necessities  of  Life;"  "Police  Power;"  "Supreme  Judicial 
Court;"  "Taxation." 

Act  of  the,  authorizing  the  Constitutional  Convention,  3. 

Resolution  relative  to  service  [without  compensation]  on  certain  legislative 
recess  committees  and  commissions,  47;  reported  adversely,  84,  680  (quorum 
roll-call),  682  (yea  and  nay  on  amendment),  684  (rejection  negatived),  756 
(second  reading),  793  (third  reading),  804,  809  (yea  and  nay  on  amendment), 
836;  submitted  to  the  people,  839,  842,  850. 


INDEX.  933 

Resolution  relative  to  recess  committees  of  the  [amendment  of  the  preceding 
proposition],  863  (refused  consideration). 

Resolution  relative  to  adjournments  of  the  [for  not  more  than  thirty  days],  59; 
new  draft  reported,  90,  680  (second  reading),  756  (third  reading),  764;  sub- 
mitted to  the  people,  808,  826,  847. 

Resolution  relative  to  the  apportionment  of  members  of  the,  47;  reported  ad- 
versely, 93;  rejected,  691. 

Resolution  providing  for  the  election  of  members  of  the  House  of  Representatives 
by  a  list  system  of  proportional  representation,  53;  reported  adversely,  93; 
rejected,  691. 

Resolution  for  proportional  representation  in  the,  53;  reported  adversely,  93; 
rejected,  692. 

Resolution  to  provide  that  the  apportionment  of  Representatives  be  based  upon 
population,  59;  reported  adversely,  84;  rejected,  691. 

Resolution  to  provide  that  the  apportionment  of  Senators  be  based  upon  popula- 
tion, 59;  reported  adversely,  84;  rejected,  691. 

Resolution  relative  to  the  establishment  of  districts  for  the  election  of  Represent- 
atives to  the,  59;  reported  adversely,  93;  rejected,  643. 

Resolution  relative  to  the  apportionment  of  members  of  the,  59;  reported  ad- 
versely, 84;  rejected,  688  (yea  and  nay). 

Resolution  relative  to  the  apportionment  of  members  of  the,  70;  reported  ad- 
versely, 93;  rejected,  691,  694. 

Resolution  relative  to  the  arrangement  of  districts  [in  Suffolk,  Middlesex  and 
Worcester  counties]  for  the  election  of  members  of  the  Senate,  70;  reported 
adversely,  84;  rejected,  653. 

Resolution  to  provide  for  a  more  equitable  method  of  establishing  the  districts 
for  the  election  of  Representatives  to  the,  70;  reported  adversely,  93;  re- 
jected, 691. 

Resolution  to  provide  for  a  more  equitable  and  proportional  representation  in 
the  House  of  Representatives,  70;  reported  adversely,  94;  rejected,  691,  698. 

Petition  of  Martin  Hays  accompanied  by  Resolution  relative  to  the  method  of 
apportionment  of  Representatives  to  the,  71;  report  (leave  to  withdraw), 
104;  accepted,  660. 

Resolution  defining  the  power  and  authority  of  the,  59;  reported  adversely,  94; 
rejected,  692. 

Resolution  relative  to  prohibiting  the  delegation  of  its  powers  by  the,  70;  re- 
ported adversely,  94,  156,  158;  rejected,  161. 

Resolution  relative  to  the  Presidency  of  the  Senate  [Lieutenant-Governor  to 
preside],  50;  reported  adversely,  94;  rejected,  638. 

Resolution  providing  that  the  Lieutenant-Governor  shall  preside  over  the  Senate, 
59;  reported  adversely,  94;  rejected,  688. 

Resolution  relative  to  the  abolition  of  the  Senate,  70;  reported  adversely,  94; 
rejected,  638. 

Resolution  relative  to  abolishing  the  Senate  and  to  establishing  a  single  legisla- 
tive body,  70;  reported  adversely,  94,  684  (quorum  roll-call);  rejected,  687. 

Resolution  providing  that  the  Senate  shall  consist  of  sixteen  members  elected 
from  Congressional  districts,  70;  reported  adversely,  94;  rejected,  684. 

Resolution  relating  to  biennial  sessions  of  the  [and  a  100-day  session],  50;  re- 
ported adversely,  94;  rejected,  680.  See  "Biennial  Elections." 

Resolution  relative  to  biennial  sessions  of  the,  862;  refused  consideration,  863. 

So  much  of  the  Resolution  providing  for  limited  sessions  of  the,  and  biennial 
elections  of  members  thereof  as  relates  to  limited  sessions  [one  hundred 
days]  of  the,  59;  reported  adversely,  94;  rejected,  680.  See  "Biennial 
Elections." 


934  INDEX. 

General  Court  —  Concluded. 

Resolution  to  provide  for  a  Legislature  of  a  single  chamber  of  twenty-five  mem- 
bers, 70;  reported  adversely,  94;  rejected,  638. 

Resolution  to  limit  the  volume  of  business  before  the,  and  to  fix  individual  re- 
sponsibility for  legislative  action,  70;  reported  adversely,  94;  rejected,  643. 
Resolution  relative  to  the  negative  of  the  Senate  on  the  House  of  Representatives, 

70;  reported  adversely,  94;  rejected,  680. 

Resolution  to  provide  for  the  scrutiny  of  legislative  bills  by  the  Attorney- 
General,  70;  reported  adversely,  95;  rejected,  630. 

Resolution  relative  to  the  organization  of  the,  70;  reported  adversely,  95;  re- 
jected, 684. 

Resolution  relative  to  procedure  in  petitioning  the,  for  legislation  relating  to 
local,  special  or  private  matters,  746;  rejected,  793.    See  "State  Adminis- 
tration." 
Resolution  vesting  in  the  Governor  the  right  to  adjourn  or  prorogue  the  [without 

the  Council],  59;  reported  adversely,  94;  rejected,  630. 

General  Court,  The,  committee  on.  Authorized,  24;  appointed,  43;  references,  47, 
50,  53,  59,  71;  time  extended,  87;  reports,  81,  84  (5),  90,  93  (6),  94  (13), 
95  (2),  104. 

GEORGE,  SAMUEL  W.  (of  Haverhill).    Committees,  45,  260;  resolutions,  50,  54,  58, 
59,  71,  76,  862;  reports,  88,  147  (2),  505,  816;  dissents,  679;  motions,  22, 
57,  122  (2),  147,  203,  300,  301,  320  (2),  336,  383,  427,  478,  551  (2),  576  (3), 
603,  609,  862;  amendments,  122,  123,  168,  185,  245,  260,  269,  421,  424,  425, 
439,  498  (2),  509,  540,  542,  610,  655,  656,  704,  740,  742;  presides,  147. 
GIDDINGS,  CHARLES  (of  Great  Barrington).    Committees,  43,  170;  reports,  94  (2). 
GLAZIER,  FREDERICK  P.  (of  Hudson).    Committee,  44;  resolution,  69;  motions,  219, 
224,  368,  424,  681,  801,  862,  868  (2);  amendments,  656  (2);  presides,  405. 
GLEASON,  NESBIT  G.  (of  Andover).    Question  of  privilege,  33;    committees,  44,  170; 

motions,  etc.,  440,  481,  657,  661,  772,  790,  806,  811;  presides,  644. 
Golden  Rule.     Petition  of  Frank  Ernest  Woodward  and  others  accompanied  by 
Resolution  providing  for  the  recognition  in  the  Bill  of  Rights  of  the,  as  an 
indispensable  element  of  the  social  and  civic  welfare  of  the  people,  69;  report 
(leave  to  withdraw),  91,  111,  113;   accepted,  115. 
GOOD,  JOHN  P.  (of  Cambridge).    Committees,  44,  239.  837;  resolution,  55;  reports, 

100  (2),  115;  dissents,  100,  104;  motions,  67,  691;  presides,  792. 
Governor.    See  "Liberty  Loan  Bonds;"  "State  Finances;"  "State  Officers." 

Convention  called  to  order  by  His  Excellency  Samuel  W.  McCall,  7;  oaths  of 
qualification  administered  by  the,  7  (members),  13  (Secretary);  withdraws 
after  the  election  of  a  President,  20;  addresses  of  the,  7,  57,  150,  175,  239, 
357,  837. 

Appointments  by  the.    See  "Attorney-General;"    "Candidates;"    "Council;" 
"County  Officers;"    "State  Administration;"    "State  Boards  and  Com- 
missions;"   "State  Officers;"    "Women." 
Power  of  removal  by  the.    See  "Public  Officers." 
Sole  pardoning  power  to  be  vested  in  the.    See  "Pardons." 
Authority  of  the,  to  prorogue  the  General  Court.    See  "General  Court." 
Authority  of  the,  to  request  opinions.    See  "Supreme  Judicial  Court." 
Transmits  a  telegram  from  Congressman  Samuel  E.  Winslow  urging  a  postpone- 
ment of  the  Convention  (placed  on  file),  28. 
Communication  from  the,  relative  to  voting  by  absent  soldiers  and  sailors 

(placed  on  file),  256.  . 

Transmits  reports  of  the  commission  appointed  to  compile  information  and  data 
for  the  Convention,  42,  815. 


INDEX.  935 

Resolution  to  provide  for  the  exercise  of  the  powers  of  the  [by  the  President  of 
the  Senate  or  the  Speaker  of  the  House  of  Representatives],  in  case  that 
office  and  the  office  of  Lieutenant-Governor  shall  both  become  vacant,  58; 
Resolution  relative  to  empowering  the,  to  veto  items  in  appropriation  bills, 
58;  Resolution  to  provide  for  the  concentration  of  the  powers  and  respon- 
sibilities of  the  executive  in  the  supreme  executive  magistrate  [appointment 
of  a  Council  by  the,  to  consist  of  the  Attorney-General  and  Secretary  of  the 
Commonwealth  and  various  commissioners  to  have  control  of  the  state 
boards  and  commissions],  58;  Resolution  providing  for  giving  the,  power 
to  recommend  amendments  of  bills  and  resolves  passed  by  the  General 
Court,  70;  Resolution  relative  to  enlarging  the  powers  and  responsibilities 
of  the  office  of,  70;  Resolution  (reported)  relative  to  the  powers  and  respon- 
sibilities of  the  office  of,  89,  706  (second  reading) : 

Relative  to  succession  to  the  offices  of,  and  Lieutenant-Governor  in  cases  of 
vacancies  in  those  offices,  706,  767  (third  reading),  781;   submitted  to  the 
people,  809,  828,  848. 
Relative  to  granting  the,  and  executive  and  administrative  officers  the  right  to 

sit  and  speak  in  either  branch  of  the  General  Court,  706  (rejected). 
Relative  to  the  authority  of  the,  to  return  bills  to  the  General  Court  with 
recommendations  for  amendment,  708,  767  (third  reading),  781;  submitted 
to  the  people,  812,  829,  848. 
Relative  to  the  scope  of  the  executive  department  and  to  the  authority  of  the, 

709  (quorum  roll-call);  rejected,  710  (yea  and  nay). 

Relative  to  the  authority  of  the,  to  remove  executive  appointees,  712  (with- 
drawn). 
Relative  to  the  authority  of  the,  to  make  recommendations  for  legislation,  712; 

rejected,  714. 

Relative  to  giving  the,  authority  to  refer  to  the  voters  certain  proposed  legis- 
lative measures,  715  (rejected). 

Providing  for  a  two-year  term  for,  and  Lieutenant-Governor,  715,  768;   re- 
jected, 803. 
Resolution  relative  to  abolishing  the  veto  power  of  the,  69;  reported  adversely, 

93;  rejected,  630. 
Order  (Quincy  of  Boston)  providing  for  printing  a  bulletin  on  the  statutory 

powers  and  duties  of  the,  and  Council,  280;   adopted,  334. 
Graduated  income  tax.    See  "Taxation." 

GRANFIELD,  WILLIAM  J.  (of  Springfield).    Committee,  44;   motion,  400. 
Grants,  franchises  and  immunities.    See  "Privileges." 
GRAUMANN,  JOHN  (of  Boston).    Committee,  44. 
GREEN,  THOMAS  H.  (of  Boston).    Committee,  45;   dissents,  88. 
GREENWOOD,  HAMLET  S.  (of  Lowell).    Committee,  45. 

H. 

HAINES,  BENJAMIN  F.  (of  Medford).    Committee,  45;  report,  98;  motions,  30,  34. 

HALE,  EDWARD  R.  (of  Haverhill).    Committee,  45;  motions,  557,  642. 

HALE,  MATTHEW  (of  Boston).    Committee,  43;   resolutions,  70,  74;   motions,  159, 

160,  164,  166,  224,  330,  344,  419,  486,  517,  557,  590,  595;  amendment,  358; 

leave  of  absence,  273,  678. 

HALL,  ELISHA  S.  (of  Orange).    Committees,  44,  170;   petition,  114. 
HALL,  FREDERICK  S.  (of  Taunton).     Committees,  21,  43,  45,  175;    reports,  167, 

175,  204,  658;   motions,  119,  170,  175,  204,  383,  708;   presides,  204,  260, 

368,  631-634,  707. 


936  INDEX. 

HALL,  ISAAC  FREEMAN  (of  North  Adams).    Committee,  45;  resolution,  69;  motions, 

216,  275;  leave  of  absence,  283,  575. 

HAMILTON,  ANDREW  FOSTER  (of  Athol).    Committee,  45;  petition,  103. 

HARDING,  CLARENCE  W.  (of  Whitman).    Committee,  44;  petition,  114. 

HARRIMAN,  ARTHUR  N.  (of  New  Bedford).  Committees,  43,  616;  resolutions,  60, 
61  (3),  69,  71,  73,  749;  petition,  200;  reports,  118  (4),  211,  212;  motions, 
etc.,  78,  79  (2),  160,  211,  212,  306,  382,  385,  423,  505,  526,  602,  608,  635, 
665,  702,  721,  743,  749,  791,  797,  811,  815;  amendments,  511,  537,  539, 
588  (2),  794  (3),  805  (2),  809;  presides,  211,  212;  leave  of  absence,  691. 

HARRINGTON,  PATRICK  H.  (of  Fall  River).    Committees,  45,  149. 

HART,  ALBERT  BUSHNELL  (of  Cambridge).  Committees,  45,  713,  845,  869;  resolu- 
tions, 68,  71,  75;  reports,  83,  798,  841;  motions,  etc.,  13,  23,  42,  48,  182, 
205,  206,  209,  213,  217,  266,  668,  678,  869;  amendments,  756,  792  (2); 
leave  of  absence,  367. 

HAWLEY,  TRUMAN  R.  (of  Maiden).  Committee,  43;  dissents,  99;  leave  of  absence, 
377,  720,  806. 

Health  insurance.    See  "Pensions." 

HIBBARD,  CHARLES  E.  (of  Pittsfield).  Committees,  21,  43,  45,  170,  845;  resolu- 
tions, 54;  petition,  114;  reports,  95,  190;  motions,  66,  67, 181, 190;  amend- 
ments, 437,  478;  presides,  190,  782. 

HICKS,  GEORGE  H.  (of  Fall  River).    Committee,  45;  motion,  155. 

Historical  interest,  taking  of  property  of.    See  "Landmarks." 

HOBBS,  CLARENCE  W.,  Jr.  (of  Worcester).  Committees,  44,  260;  resolution,  58; 
reports,  83,  84  (5),  85  (6),  92,  217;  motions,  etc.,  30  (2),  205,  207,  209, 

217,  288,  326,  327,  503,  631,  635,  664,  694,  699,  720,  776,  797;  amendments, 
327,  328,  693,  708,  761  (2),  768,  794;    presides,  217;    leave  of  absence, 
303. 

HOITT,  AUGUSTUS  J.  (of  Lynn).    Committee,  44;   motion,  694. 

Home  rule.    See  "Municipalities." 

Homesteads.    See  "Taxation." 

So  much  of  the  Resolution  to  provide  for  a  larger  measure  of  home  rule  for  cities 
and  towns  as  relates  to  the  power  of  municipalities  to  acquire  land  for 
homes  for  its  citizens  and  to  maintain  a  sufficient  supply  of  the  necessities 
of  life,  82;  Resolution  providing  for  the  maintenance  of  a  sufficient  supply 
of  the  common  necessities  of  life,  74;  petition  of  the  Massachusetts  State 
Branch  of  the  American  Federation  of  Labor  accompanied  by  Resolution 
relative  to  granting  authority  to  deal  in  the  necessaries  of  life,  74;  Resolu- 
tion (reported)  to  extend  the  power  of  the  Commonwealth  to  provide 
homes  for  citizens,  90,  650  (second  reading)  (yea  and  nay  on  amend- 
ments), 654,  743  (third  reading),  764,  772  (quorum  roll-call);  rejected, 
774  (yea  and  nay). 

Resolution  authorizing  cities  and  towns  to  take  land  for  providing  homes  for 
citizens,  61;  Resolution  (reported)  empowering  the  General  Court  to 
authorize  cities  and  towns  to  take  land  for  providing  homes  for  citizens, 
91,  650;  rejected,  654. 

HORGAN,  FRANCIS  J.  (of  Boston).  Committee,  45;  resolutions,  68,  73  (2),  74  (4), 
77;  reports,  755,  834;  dissents,  83,  89,  668;  motions,  25  (2),  49,  101, 
102,  108,  140,  248,  607,  642;  amendment,  744. 

Hours  and  conditions  of  labor.    See  "Labor." 

House  of  Representatives.  Representation  in  the.  See  "Constitution,  Amend- 
ments of  the;"  "General  Court." 

Authority  of  the  Speaker  of  the,  in  case  of  vacancies  in  the  offices  of  Governor, 
Lieutenant-Governor  and  President  of  the  Senate.  See  "Governor." 


INDEX.  937 

HOWAKD,  CHARLES  P.  (of  Reading).  Committee,  45;  resolutions,  69  (2),  70,  71, 
75,  76;  dissents,  92;  motion,  133;  leave  of  absence,  181,  193,  694;  war 
service,  615. 

HUTCHINGS,  HENRY  M.  (of  Dedham).  Committees,  45,  170;  resolutions,  71,  73, 
74;  report,  95;  motion,  726. 

i. 

Ice,  sale  of,  by  municipalities.    See  "Necessities  of  Life." 

Immunities,  grants  and  franchises.    See  "Privileges." 

Incomes,  taxation  of.    See  "Taxation." 

Incompatibility  of  offices.    See  "Public  Officers." 

Individuals,  rights  of.    See  "Labor;"    "Privileges;"    "Rights." 

Industrial  rights  and  social  justice.    See  "Rights." 

Initiative  and  referendum.  Resolution  to  provide  for  establishing  the,  47;  Resolu- 
tion relative  to  the  General  Court  and  to  the,  71;  Resolution  relative  to 
the,  71;  petition  of  the  Massachusetts  State  Branch  of  the  American 
Federation  of  Labor  accompanied  by  Resolution  to  provide  for  establish- 
ing the,  71;  Resolution  relative  to  requiring  initiative  measures  to  be 
approved  by  the  people  at  two  successive  elections  before  becoming  a 
part  of  the  laws  of  the  State,  71;  Resolution  (reported)  to  provide  for 
establishing  the,  118,  157,  159,  164  (4),  165,  166  (3),  190  (2),  192  (4),  195 
(2),  197  (2),  198,  199,  200  (resolution  of  endorsement),  200,  201  (3),  202, 
203  (3),  204  (2),  205,  206  (4),  209,  210  (3),  211,  212  (2),  213,  215,  217  (2), 
220  (3),  221,  224,  225  (3),  228,  232  (2),  233,  234,  236  (3),  237  (2),  245  (2), 
246,  247,  249,  251,  255  (yea  and  nay  on  discharging  Committee  of  the 
Whole),  273,  275  (yea  and  nay  on  taking  a  recess),  278  (first  reading), 
279,  303  (yea  and  nay  on  limiting  debate),  309,  314,  336,  337  (yea  and 
nay  on  amendment),  340  (yea  and  nay  on  amendment),  346,  348  (yea 
and  nay  on  amendment),  350  (yea  and  nay  on  reconsideration),  353  (yea 
and  nay  on  amendment),  364,  370,  373,  374  (yea  and  nay  on  amendment), 
381,  385  (yea  and  nay  on  amendment),  387  (yea  and  nay  on  amendment), 
393  (yea  and  nay  on  reconsideration),  396  (yea  and  nay  on  amendment), 
401  (yea  and  nay  on  amendment),  406  (yea  and  nay  on  amendment),  408 
(yea  and  nay  on  adjournment),  410  (yea  and  nay  on  closing  debate),  413, 
414  (yea  and  nay  on  amendment),  416  (yea  and  nay  on  amendment), 
419  (yea  and  nay  on  amendment),  424,  426  (reprint),  428  (second  read- 
ing), 429  (yea  and  nay  on  limiting  debate),  431  (yea  and  nay  on  recon- 
sideration), 433  (yea  and  nay  on  limiting  debate),  442  (yea  and  nay  on 
limiting  debate),  445  (yea  and  nay  on  amendment),  447  (quorum  roll-call), 
450  (yea  and  nay  on  amendment),  453  (yea  and  nay  on  reconsideration), 
456  (yea  and  nay  on  amendment),  458  (yea  and  nay  on  amendment),  461 
(yea  and  nay  on  amendment),  466  (yea  and  nay  on  amendment),  468  (yea 
and  nay  on  amendment),  471  (yea  and  nay  on  amendment),  473  (yea  and 
nay  on  amendment),  476  (yea  and  nay  on  amendment),  478  (yea  and  nay 
on  amendment),  481  (yea  and  nay  on  amendment),  484  (yea  and  nay  on 
amendment),  486  (yea  and  nay  on  amendment),  489  (yea  and  nay  on 
amendment),  491  (yea  and  nay  on  amendment),  494,  495  (yea  and  nay 
on  amendment),  498  (yea  and  nay  on  ordering  to  a  third  reading),  503, 
505  (third  reading),  506  (yea  and  nay  on  limiting  debate),  508-518,  519, 
520  (point  of  order)  (yea  and  nay  on  amendment),  523  (yea  and  nay  on 
amendment),  526  (yea  and  nay  on  amendment),  529  (yea  and  nay  on 
amendment),  531  (yea  and  nay  on  amendment),  534  (point  of  order) 
(yea  and  nay  on  amendment),  539  (point  of  order),  540  (yea  and  nay  on 


938  INDEX. 

Initiative  and  referendum  —  Concluded. 

amendment),  543  (yea  and  nay  on  amendment),  545,  548  (point  of  order) 
(yea  and  nay  on  amendment),  551  (points  of  order)  (yea  and  nay  on 
reconsideration),  554  (yea  and  nay  on  amendment),  557  (yea  and  nay  on 
amendment),  560  (yea  and  nay  on  amendment),  563  (yea  and  nay  on 
amendment),  565  (yea  and  nay  on  ordering  the  main  question),  568  (yea 
and  nay  on  amendment),  570  (yea  and  nay  on  amendment),  572  (yea  and 
nay  on  amendment),  576,  577  (yea  and  nay  on  amendment),  580  (yea  and 
nay  on  amendment),  582  (yea  and  nay  on  amendment),  585  (yea  and  nay 
on  amendment),  587,  591  (yea  and  nay  on  amendment),  593  (yea  and  nay 
on  amendment),  596  (yea  and  nay  on  amendment),  599  (yea  and  nay  on 
passing  to  be  engrossed),  602  (placing  on  the  ballot),  606  (submitted  to  the 
people),  606  (ordered  reprinted),  606  (placing  on  the  ballot),  616,  846; 
place  of  the,  in  rearranged  Constitution,  860. 

Majority  and  minority  views  relative  to  the  (ordered  printed),  118,  160,  167. 
Order  (Shaw  of  Revere)  requesting  President  A.  Lawrence  Lowell  of  Harvard 
University  and  Hon.  William  Jennings  Bryan  [James  F.  Carey  of  Haverhill 
proposed  in  an  amendment]  to  address  the  Convention  on  the  (indefinitely 
postponed),  79. 
Order  (Walker  of  Brookline)  providing  for  printing  500  additional  copies  of  the 

resolution  establishing  the,  218;   adopted,  236. 
Resolution  to  provide  for  establishing  the,  for  cities  and  towns,  50;   reported 

adversely,  118;  rejected,  629. 

Resolution  providing  for  the  referendum  by  the  General  Court  of  acts  and 
resolves  and  parts  thereof,  59;    reported  adversely,  118;    rejected,  629, 
636. 
Resolution  to  provide  for  the  direct  adoption  of  constitutional  amendments  by 

referendum  to  the  people,  68,  81;  reported  adversely,  118;  rejected,  629. 
Resolution  relative  to  obtaining  signatures  in  connection  with  the,  71;  reported 

adversely,  118;  rejected,  629. 
Order  (Walker  of  Brookline)  providing  for  printing  additional  copies  of  the 

bulletin  on  the,  423;   adopted,  427. 

Order  (Quincy  of  Boston)  requesting  the  committee  on  Form  and  Phraseology 
to  report  proposed  amendments  of  the  Constitution  in  such  form  as  will 
not  be  inconsistent  with  certain  provisions  of  the,  653;  committed,  659. 
[No  report.] 

Initiative  and  Referendum,  committee  on.  Authorized,  24;  appointed,  43;  refer- 
ences, 47,  50,  59,  71,  81,  426;  time  extended,  87;  reports,  118  (5);  views 
of  members  of  the  (ordered  printed),  118,  160,  167. 

Injunctions,  issuing  of.    See  "Judicial  Procedure;"   "Labor." 

Injured  employees,  insurance  of.    See  "Pensions." 

Inspection  of  public  and  private  institutions.    See  "Charitable  Institutions." 

Institutions.    Support  of  certain,  from  public  funds.    See  "Public  Funds." 
Inspection  of  certain.    See  "Charitable  Institutions." 

Insurance  (health,  unemployment,  accident,  sickness,  invalid,  state,  social).  See 
"Pensions." 

Insurance  companies.  Resolution  to  empower  the  General  Court  to  make  absolute 
the  liabilities  of  casualty,  to  persons  injured  by  accident,  75,  88;  reported 
adversely,  171;  rejected,  643. 

Insurance  fund.  Resolution  relative  to  creating  a  state  fire,  60,  82;  Resolution 
(reported)  to  provide  for  state  insurance,  90,  170  (remonstrances);  rejected, 
666,  669. 

Intoxicating  liquors.    See  "Liquor  Traffic." 


INDEX.  939 

Resolution  relative  to  the  prohibition  of  the  manufacture,  importation,  sale 
and  distribution  of  spirituous  and,  within  the  Commonwealth  of  Massa- 
chusetts, 53,  54;  Resolution  relative  to  the  prohibition  of  the  manufacture, 
sale,  keeping  for  sale,  importation,  transportation  and  exportation  of,  60; 
petitions  in  aid,  62,  122;  latter  resolution  reported,  90;  rejected,  665. 
Resolution  relative  to  prohibiting  the  manufacture  and  sale  of,  containing  more 
than  twenty-five  per  cent  of  alcohol,  73;  reported  adversely,  97;  rejected, 
660. 

Invalid  insurance.    See  "Pensions." 
Issues  of  fact.    See  "Judicial  Procedure." 
Italy.    Reception  of  the  Italian  War  Mission,  57,  852. 

Resolutions  (Luce  of  Waltham)  on  the  victory  of  the  Italian  army  (adopted), 
667;  acknowledgment  from  the  Italian  Consul,  720. 

J. 

Japan.     Reception  of  the  Japanese  War  Mission,  239,  852. 
Presence  of  the  Japanese  Parliamentary  Mission,  465. 

Jennings,  Patrick  H.  (of  Boston).     Communication  from,  claiming  election  to  the 
Convention  as  a  delegate  at  large,  12,  47;   report  (leave  to  withdraw),  88, 
105  (yea  and  nay  on  substituting  a  minority  report);  accepted,  107;  ques- 
tion of  privilege,  110. 
JOHNSON,  CHAELES  R.  (of  Worcester).    Monitor,  24;  committee,  45;  resolution,  54; 

motions,  129,  650,  684,  869. 

Johnson,  Jasper  N.  Communication  from  (of  Medford),  claiming  a  seat  in  the  Con- 
vention, 46;  report  (no  action  necessary),  88;  accepted,  105. 

JONES,  GEORGE  R.  (of  Melrose).  Committees,  45,  845;  reports,  92,  93  (2),  139  (3), 
232  (2);  motions,  29,  33,  68,  139  (2),  144,  232  (2),  370,  675,  726;  presides, 
139  (2),  232  (2). 

Journal  of  the  Convention.     Daily  reading  of  the,  dispensed  with,  23;    ordered 

printed,  23,  51;  addresses  and  other  matter  ordered  printed  in  the,  628,  863. 

Judges.     See   "Courts;"     "Courts,   Clerks   of;"     "Judicial  Officers;"     "Judicial 

Procedure." 

Resolution  providing  for  the  appointment  of,  for  specific  terms,  71;  reported 
adversely,  96,  156,  157;  recommitted,  163;  641,  644;  rejection  negatived, 
645,  739  (second  reading),  740  (yea  and  nay  on  amendment),  742  (amended 
—  relative  to  the  retirement  of  judicial  officers),  769  (third  reading)  (yea 
and  nay  on  amendment),  781;  submitted  to  the  people,  809,  830,  848. 
Resolution  relative  to  the  election  of,  59;  reported  adversely,  97,  147  (2);  re- 
jected, 155. 

Resolution  relative  to  the  election  of,  by  the  people,  71 ;  reported  adversely,  97, 
147,  148,  156,  157;  recommitted,  161  (yea  and  nay);  632  (quorum  roll-call); 
rejected,  638. 
Resolution  relative  to  authorizing  the  General  Court  to  provide  for  the  election 

of,  72;  reported  adversely,  97,  147,' 148;  rejected,  156. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  providing  a  method  for  the  election 
of,  72;  report  (leave  to  withdraw),  92,  147  (2);  accepted,  156. 
Resolution  relative  to  the  election  and  recall  of  judicial  officers,  72;   reported 

adversely,  97,  147,  148;  rejected,  155. 

Resolution  providing  for  the  appointment,  removal  and  retirement  of,  and 
their  tenure  of  office,  60;  reported  (withdrawn  at  the  request  of  the  pro- 
ponent), 91,  156,  158;  recommitted,  163;  report  accepted,  641. 


940  INDEX. 

Judges  —  Concluded. 

Resolution  relative  to  the  tenure  of  office  of  the  judiciary,  71 ;  reported  adversely, 
96,  156,  157;  recommitted,  163;  645  (yea  and  nay  on  amendment);  re- 
jected, 648. 

Resolution  relative  to  the  appointment  of  judicial  officers  for  a  term  of  seven 
years,  71;  reported  adversely,  96,  156,  157;  recommitted,  163;  rejected, 
645. 

Resolution  limiting  the  tenure  of  judicial  officers  to  ten  years,  71 ;  reported  ad- 
versely, 97,  156,  157;  recommitted,  163;  639  (quorum  roll-call);  rejected, 
640. 

Motion  (Luce  of  Waltham)  that  the  Convention  resolve  itself  into  Committee 
of  the  Whole  for  the  purpose  of  considering  the  various  resolutions  relative 
to  the  election  and  term  of  office  of,  504;  negatived,  505. 

Resolution  to  provide  for  the  confirmation  of  judicial  appointments  by  other 
than  a  political  body,  72;  reported  adversely,  118,  156,  157;  rejected,  161. 
Judges  in  Massachusetts,  removal  of,  printing  of  a  bulletin  on  the,  665,  678. 
Judicial  officers.    Resolution  relative  to  the  salaries  of,  59;  reported  adversely,  95, 

156,  158;  recommitted,  163;  rejected,  648. 
Judicial  procedure.    See  "Capital  Punishment." 

Resolution  to  provide  for  securing  freedom  and  equality  of  justice  in  the  courts 
of  the  Commonwealth  to  all  persons  [justices  of  the  Supreme  Judicial  Court 
authorized  to  make  rules  of  court],  47;  reported  adversely,  95,  123,  125; 
rejected,  127. 

Resolution  relative  to  the  challenge  of  judge  and  jurors  in  civil  causes,  50;  re- 
ported adversely,  95,  124,  126;  rejected,  128. 

Resolution  relative  to  the  challenge  of  judge  and  jurors  in  criminal  causes,  50; 
reported  adversely,  95,  124,  126;  rejected,  127. 

Resolution  for  the  regulation  of  trial  by  jury,  53;  report  (inexpedient  to  take 
action)  accepted,  82. 

Order  (Kenny  of  Boston)  relative  to  giving  efficacy  to  the  eleventh  article  of  the 
Declaration  of  Rights  granting  the  subject  a  certain  remedy  in  law  promptly 
and  without  delay,  55;  report  (inexpedient  to  amend  said  article),  91,  156 
(no  action  necessary),  158;  accepted,  161. 

Resolution  relative  to  removing  privilege  of  accused  to  stand  mute,  58;  reported 
adversely,  92,  124,  126;  rejected,  127. 

Resolution  relative  to  removing  privilege  of  accused  to  stand  mute  without  com- 
ment by  court,  jury  or  counsel,  58;  reported  adversely,  92,  124,  126;  re- 
jected, 127. 

Resolution  relative  to  the  payment  of  costs  to  those  acquitted  of  the  charge  of 
crime,  59;  reported  adversely,  95,  124,  126;  rejected,  127. 

Resolution  relative  to  statements  by  persons  accused  of  crimes  or  offences,  59; 
reported  adversely,  95,  124,  126;  rejected,  127. 

Resolution  relating  to  the  right  to  trial  by  jury,  69;  reported  adversely,  92,  128, 
130;  rejected,  132. 

Resolution  relating  to  trial  by  jury  in  all  controversies  concerning  property,  72; 
reported  adversely,  96,  128,  130;  rejected,  132. 

Resolution  relative  to  the  right  of  trial  by  jury  in  all  cases  at  law,  72;  reported 
adversely,  96,  128,  129;  rejected,  131. 

Resolution  relative  to  the  authority  of  the  Supreme  Judicial  Court  to  prescribe 
method  of  procedure,  71;  Resolution  (new  draft  reported)  relative  to  the 
distribution  and  exercise  of  the  judicial  power,  90;  rejected,  716. 

Resolution  (reported  under  Rule  25)  relating  to  the  distribution  and  exercise  of 
the  judicial  power,  90;  rejected,  716. 


INDEX.  941 

Resolution  relating  to  the  rules  of  evidence  in  the  trial  of  causes  in  the  courts  of 

the  Commonwealth,  71;  reported  adversely,  95;  rejected,  725. 
Resolution  to  provide  for  the  framing  and  submission  by  the  court  to  the  jury 
of  issues  of  fact  in  equity  proceedings  when  requested  by  either  party  thereto, 
71;  reported  adversely,  95;  rejected,  725. 
Resolution  relative  to  verdicts  of  juries  in  civil  causes,  54;  reported  adversely, 

95,  124,  126,  128  (2),  129  (2);  rejected,  131. 

Resolution  to  provide  that  five-sixths  of  any  jury  in  civil  actions  may  render  a 
valid  verdict  after  twelve  hours'  deliberation,  72;  reported  adversely,  95, 
128,  129;  rejected,  131. 

Resolution  relative  to  permitting  a  verdict  in  civil  actions  by  less  than  the  whole 
number  [three-fourths]  of  jurors,  72;  reported  adversely,  95,  128,  129;  re- 
jected, 131. 
Resolution  relative  to  verdicts  of  juries  in  civil  actions,  72;  reported  adversely, 

95,  128,  130;   rejected,  132. 

Resolution  relative  to  the  verdicts  of  juries  and  to  trial  by  jury  in  cases  relating 
to  workmen's  compensation,  72;  reported  adversely,  95,  128,  129;  rejected, 
131. 
Bulletin  (ordered  printed)  relative  to  jury  trials  in  injunction  contempt  cases, 

79,  100. 

Judicial  Procedure,  committee  on.  Authorized,  25;  appointed,  45;  references,  47, 
50,  53,  56,  59,  63,  66,  71,  73,  88;  time  extended,  87;  reports,  82,  90  (2), 
95  (7),  119. 

Judiciary,  committee  on  the.    Authorized,  25;  appointed,  45;  references,  51,  54,  55, 
59,  60,  71,  72;  tune  extended,  87,  133,  155,  170,  181,  196,  205,  218;  reports, 
68,  84  (4),  90,  91  (2),  92,  95  (6),  96  (15),  97  (7),  118,  231. 
Juries.    See  "Pardons." 

Verdicts  of.    See  "Judicial  Procedure." 
Jurors,  challenge  of.    See  "Judicial  Procedure." 
Jury,  trial  by.    See  "Judicial  Procedure." 
Justice,  freedom  and  equality  of.    See  "Judicial  Procedure." 
Justice  of  the  peace.    See  "Women." 

Resolution  to  abolish  the  office  of,  as  an  office  under  the  Constitution,  51;  re- 
ported adversely,  84;  rejected,  674. 

K. 

KELIHER,  JOHN  A.  (of  Boston).    Committee,  45;  motions,  46,  116. 

KELLEY,  GEORGE  W.  (of  Rockland).  Committee,  44;  resolutions,  71,  72,  77;  dis- 
sents, 119  (2),  182;  motion,  200;  amendment,  663,  666;  presides,  693. 

KELLEY,  THOMAS  R.  (of  Boston).    Committee,  45;  leave  of  absence,  687. 

KELLY,  LUKE  L.  (of  Boston).    Committee,  45. 

KENEFICK,  THOMAS  W.  (of  Palmer).  Committees,  45,  170;  report,  95;  motion,  128; 
presides,  160,  164,  760-763. 

KENNY,  HERBERT  A.  (of  Boston).  Committee,  45;  resolutions,  58,  73,  77;  motions, 
55,  147,  216,  236,  287,  294,  707;  amendments,  256,  258,  285,  294,  314. 

KERR,  ALEXANDER  (of  Maiden).  Special  seat,  26;  committees,  44,  837;  resolution, 
77. 

KILBON,  JOHN  L.  (of  Springfield).  Chaplain,  33,  49,  110,  144,  149,  175,  191,  260,  283, 
367,  453,  494,  519,  557,  635,  648,  653,  658,  678,  746;  committee,  44;  pe- 
tition, 122;  dissents,  119  (2);  motions,  494,  503,  650,  783;  amendments, 
250,  372,  414,  416,  650,  654;  leave  of  absence,  334. 

Kimball,  James  W.    See  "Secretary  of  the  Convention." 


942  INDEX. 

KINNEY,  WILLIAM  S.  (of  Boston).  Committees,  43, 170;  reports,  84,  94  (2);  dissents, 
95;  motions,  199,  410,  439,  493,  567;  amendments,  347,  348,  350,  422,  518, 
655,  656,  672,  674,  730,  735,  737,  751,  754;  presides,  838-842. 

KNEIL,  ARTHUR  S.  (of  Westfield).  Committee,  43;  reports,  98  (3);  dissents,  99; 
amendment,  284,  290;  leave  of  absence,  764. 

KNOTTS,  J.  FRANKLIN  (of  Somerville).  Chaplain,  23,  133,  251,  785;  committee,  44; 
motions,  626,  794;  amendments,  512,  545,  577;  leave  of  absence,  628. 

L. 

Labor.    See  "Pensions;"    "Public  Employees;"    "Public  Service;"    "Women." 

Resolution  that,  be  held  to  be  a  personal  and  not  a  property  right  and  that  the 
issue  of  injunctions  be  limited  in,  disputes,  50,  56,  63  (yea  and  nay  on 
reference);  reported  adversely,  119;  rejected,  716. 

Resolution  relative  to  the  protection  and  welfare  of  employees  [hours  of,  mini- 
mum wage,  etc.],  61,  82;  Resolution  authorizing  the  General  Court  to 
enact  laws  to  promote  the  health,  safety,  morals  or  welfare  of  the  people, 
61,  82;  Resolution  empowering  the  General  Court  to  provide  for  the  regu- 
lation or  restriction  of  the  hours  and  conditions  of,  72;  Resolution  relative 
to  maximum  hours  of,  72;  Resolution  (reported)  authorizing  the  General 
Court  to  pass  laws  regulating  and  restricting  the  hours  of,  118,  666  (second 
reading),  669,  747  (third  reading),  749,  760,  796;  rejected,  798  (yea  and 
nay). 

Resolution  relative  to  the  right  to,  and  to  enjoy  the  fruits  thereof,  69,  88;  re- 
ported adversely,  119;  rejected,  716. 

Resolution  providing  for  a  clearer  declaration  of  certain  rights  of  working  men 
and  women,  69,  88;  reported  adversely,  119,  716,  717  (quorum  roll-call); 
rejected,  719. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  to  insure  safe  construction  [employ- 
ment of  practical  mechanics  on  buildings,  subways,  tunnels,  conduits, 
dams,  bridges,  etc.]  in  this  Commonwealth,  73;  report  (leave  to  with- 
draw), 119;  accepted,  666. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  regulating  the  issue  of  injunctions  in, 
disputes,  73;  report  (leave  to  withdraw),  119;  accepted,  719. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  relative  to  regulating  the  issue  of  in- 
junctions in,  disputes,  73;  report  (leave  to  withdraw),  119,  717,  721  (point 
of  order)  (yea  and  nay  on  amendment);  proposal  rejected,  723  (yea  and 
nay),  726. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  establishing  one  day's  rest  in  seven 
for  employees,  75;  Resolution  (reported)  authorizing  the  General  Court  to 
enact  laws  establishing  one  day's  rest  in  seven  for  employees,  91;  rejected, 
670. 

Certain  views  (Brown  of  Brockton)  and  a  Resolution  relative  to  the  definition 
of  (ordered  printed),  122. 

Resolution  relative  to  the  settlement  of,  disputes,  862;   refused  consideration, 

864. 
Labor,  committee  on.    Authorized,  24;   appointed,  44;   references,  50,  56,  63,  66, 

73,  82,  88;  time  extended,  87;  reports,  118,  119  (2). 
Land,  law  of  the.    See  "Rights." 


INDEX.  943 

Land,  single  tax  on  value  of.    See  "Taxation." 

Land,  taking  of.    See  "Homesteads;"    "Rights." 

Resolution  relative  to  the  right  of  the  Commonwealth  to  take  or  to  authorize 
the,  by  eminent  domain,  59;    reported  adversely,  96;   recommitted,  123, 
124;  reported  adversely,  231;  rejected,  629. 
Resolution  extending  the  purposes  [agricultural]  for  which  the  Commonwealth 

may  take  land,  61;   reported  adversely,  182;   rejected,  670. 
Resolution  relative  to  the  taking  of  property  for  public  uses,  71;    reported 

adversely,  97,  123,  125;  rejected,  127. 

Resolution  providing  that  all,  by  eminent  domain  shall  be  deemed  a  public 
use,  72;  reported  adversely,  96,  123,  124;  rejected,  127. 

Landmarks.  Resolution  relative  to  preserving  property  of  historical  or  antiquarian 
interest,  74;  Resolution  (reported)  relative  to  the  preservation  and  main- 
tenance of  property  of  historical  and  antiquarian  interest,  90,  670  (second 
reading),  750  (third  reading),  760;  submitted  to  the  people,  808,  825,  847. 

LANE,  DANIEL  W.  (of  Boston).  Committee,  44;  dissents,  90;  motions,  21,  78, 
299,  408,  526. 

LANE,  D WIGHT  F.  (of  Dighton).  Committees,  45,  357;  resolution,  73;  petition, 
114. 

LANGELIER,  Louis  F.  R.  (of  Quincy).  Committee,  44;  reports,  98,  104;  point  of 
order,  817;  leave  of  absence,  377,  713. 

Langtry,  Hon.  Albert  P.,  7.    See  "Secretary  of  the  Commonwealth." 

LARSON,  CHARLES  G.  (of  Worcester).    Committee,  44;   leave  of  absence,  331. 

Law  of  the  land.    See  "Rights." 

Learning  and  literature,  encouragement  of.    See  "Education." 

Leave  of  absence.    See  "Absence,  Leave  of." 
For  school  teachers.    See  "Public  Schools." 

Leave  of  Absence,  (proposed)  committee  on.  Order  (French  of  Randolph)  pro- 
viding for  a,  136;  withdrawn,  141. 

LEBOEUF,  TELESPHORE  (of  Webster).    Committee,  45;   leave  of  absence,  791. 

Legislature.    See  "General  Court;"    "Supreme  Judicial  Court." 

Order  (Pillsbury  of  Wellesley)  relative  to  the  expediency  of  substituting  the 
word,  for  the  words  "General  Court"  wherever  they  occur  in  the  Consti- 
tution, 80;  report  (expedient),  118;  rejected,  729. 

LEONARD,  JOSEPH  J.  (of  Boston).  Committee,  44;  resolutions,  47,  75,  77;  motions, 
30,  34,  172,  575,  604,  605,  681,  682,  809;  amendments.  756,  790;  leave  of 
absence,  642. 

Liability.    See  "Insurance  Companies." 

Liberty  Loan  bonds.    See  "Treasurer  and  Receiver-General." 

Order   (Washburn  of  Worcester)  inviting  the  Governor,  the  Treasurer  and 

Receiver-General  and  the  Governor  of  the  Federal  Reserve  Bank  to  address 

the  Convention  (adopted),  344;    President  Bates,  Governor  McCall  and 

Governor  Aiken  address  the  Convention,  356. 

Order  (Michelman  of  Boston)  providing  for  adjournment  for  the  purpose  of 

promoting  the  sale  of,  367;  amended  and  rejected,  368. 

Motion  (Powers  of  Newton)  that  the  Convention  adjourn  over  one  day  for  the 
purpose  of  promoting  the  sale  of  (adopted),  372. 

Liberty  of  speech;   of  the  press;   of  the  individual.    See  "Rights." 

Lieutenant-Go vernor.    See  "Council;"    "General  Court;"    "Governor." 
Present  at  the  convening  of  the  Convention,  7,  20. 

Life,  liberty  or  property  of  the  individual,  reasonable  compensation  for  the  public 
use  of.  See  "Rights." 

Limited  legislative  sessions  [one  hundred  days].    See  "General  Court." 


944  INDEX. 

LINKE,  FRED  R.  (of  West  Springfield).    Committee,  45;   motions,  291,  692,  696. 

Liquors,  spirituous  and  intoxicating.    See  "Intoxicating  Liquors." 

Liquor  traffic.    See  "Intoxicating  Liquors." 

Order  (Coolidge  of  Milton)  providing  for  printing  a  bulletin  on  the  regulation 
of  the,  182;  adopted,  194. 

Liquor  Traffic,  committee  on  the.  Authorized,  24;  appointed,  44,  79;  references, 
53,  54,  60,  62,  73;  reports,  90,  97. 

Literature  and  learning,  encouragement  of.    See  "Education." 

Loans.  So  much  of  the  Resolution  providing  for  a  state  budget,  for  the  veto  of 
items  therein  and  for  state  financial  supervision  of  public,  as  relates  to 
state  financial  supervision  of  public  (see  "State  Finances"),  76,  111; 
reported  adversely,  131 ;  rejected,  699. 

So  much  of  the  Resolution  relative  to  granting  the  credit  of  the  Commonwealth 
or  its  subdivisions  as  relates  to  cities  and  towns  (see  "State  Finances"), 
76,  88;  reported  adversely,  115;  rejected,  680. 

So  much  of  the  Resolution  relative  to  the  manner  in  which  the  General  Court 
may  authorize  the  issuance  of  bonds  as  relates  to  the  issuance  of  bonds 
by  any  city,  town  or  other  civil  division  (see  "State  Finances"),  76,  88; 
reported  adversely,  115;  rejected,  643. 

Local,  special  and  private  matters,  orders  and  petitions  relating  to.  See  "Council;" 
"General  Court." 

Local  self-government.    See  "Municipalities." 

LOGAN,  JAMES  (of  Worcester).  Committee,  45;  motions,  149,  200;  leave  of  absence, 
117,  635,  664,  694,  720,  797. 

LOMASNEY,  MARTIN  M.  (of  Boston).  Vote  received  by,  for  President,  19;  special 
seat,  26;  committees,  43,  616;  resolution,  47;  reports,  92  (2);  dissents, 
659;  motions,  etc.,  35,  112,  136,  183,  238  (2),  253,  275  (2),  290,  293,  330, 
333,  364,  424,  610,  645,  675,  721,  751,  754,  814;  amendments,  168,  185, 
283,  290,  611,  759,  761,  803,  804. 

LOOK,  WILLIAM  J.  (of  Tisbury).    Committees,  44,  357,  837;  leave  of  absence,  635. 

Lord's  Day.    See  "Labor." 

Resolution  relative  to  granting  power  to  cities  and  towns  to  authorize  athletic 
contests  on  the,  73;  reported  adversely,  84;  rejected,  649. 

LORING,  AUGUSTUS  P.  (of  Beverly).  Committees,  46,  845,  869;  resolution,  47: 
reports,  167,  267,  312,  331,  506,  599;  motions,  440,  574.  861,  869;  amend- 
ments, 212,  233,  234,  285,  290,  309,  310,  365,  370,  437,  471,  730,  735  (2), 
743,  744  (4),747,  796,  811;  statement  ordered  printed,  173;  presides,  759, 

Louvain,  University  of.    See  "State  Librarian." 

LOVE,  JOSEPH  A.  (of  Webster).  Committee,  44;  resolutions,  70,  72  (2);  report,  93; 
leave  of  absence,  791. 

LOWE,  ARTHUR  H.  (of  Fitchburg).  Monitor,  24;  committees,  43,  149;  petition, 
110;  reports,  192  (2);  dissents,  91,  131;  motions,  etc.,  165  (2),  191,  192, 
197,  206,  280,  303,  306,  391,  399,  845;  amendments,  285,  290,  318,  327, 
509,  598  (2);  presides,  191,  192,  747,  844;  leave  of  absence,  635,  760. 

Lowell,  A.  Lawrence,  President  of  Harvard  University.  See  "Initiative  and  Ref- 
erendum." 

LOWELL,  JAMES  A.  (of  Newton).  Committees,  44,  149;  report,  119;  motions,  63, 
171,  220,  799;  amendments,  227,  511,  529. 

LUCE,  ROBERT  (of  Waltham).  Committees,  21,  43  (2),  170,  615,  837;  resolutions 
and  petition,  50,  59,  70  (2),  76,  110,  575,  667;  reports,  24,  25,  28,  51,  90, 
111,  112,  114,  116,  117,  119,  120,  195,  245,  266,  281,  356,  360,  377,  625, 
636,  678,  679,  749,  838;  dissents,  95,  505;  motions,  etc.,  21,  25,  26,  28, 
31,  35,  46  (2;,  56,  67,  80,  85,  87,  89,  111,  115,  116,  119  (2),  133,  140  (2), 


INDEX.  945 

155,  158,  196,  207,  209,  215,  222,  233,  236,  238  (2),  264,  278,  281,  292, 
314,  328,  330,  331,  337  (2),  343,  356,  360,  393,  396,  445,  494,  504  (2),  505, 
548,  575,  605,  611,  624,  626  (2),  634,  636,  638,  639,  645,  665,  668,  673  (2), 
678,  682,  688  (2),  717,  721,  733  (2),  747,  754,  760,  765,  769,  805,  815,  838, 
845,  853,  861  (2),  863  (2),  869,  871;  amendments,  226,  235,  249  (2),  250 
(2),  285,  318,  343,  347,  372,  373,  385,  387,  393,  401,  405,  406,  435,  444,  447, 
449,  450,  452,  453,  516,  523,  605,  725,  727  (2);  presides,  49,  111,  116,  119- 
(2),  220,  326  (2),  519-523  (ruling),  719;  special  mention,  816,  840  (2). 

LUFKIN,  WILLFRED  W.  (of  Essex).  Committees,  44,  57;  resolution,  59;  report,, 
89;  leave  of  absence,  557,  642. 

LUMMUS,  HENRY  T.  (of  Lynn).  Committees,  43,  239;  report,  239;  dissents,  118; 
motions,  34,  216,  239,  275,  343,  572,  754  (2);  amendments,  405,  515,  534, 
560,  577;  leave  of  absence,  306. 

LYMAN,  FRANK  E.  (of  Easthampton) .  Committee,  45;  resolution,  59;  reports,. 
93;  motions,  110,  635,  815,  838,  867;  amendments,  517,  588,  632,  759,. 
761. 

LYNCH,  JOHN  C.  (of  Milford).    Committee,  44;   resolution,  69;   report,  99. 

M. 

MACMASTER,  EDWARD  A.  (of  Bridgewater).    Committee,  45;  report,  95. 

MAGUIRE,  JAMES  E.  (of  Boston).  Special  seat,  26;  committees,  45,  239;  resolu- 
tions, 58  (2),  61,  71;  report,  95;  dissents,  96,  97  (2);  motions,  48,  706; 
amendments,  769  (2),  771. 

MAHONEY,  JOHN  J.  (of  Boston).  Committee,  45;  reports,  98,  691;  dissents,  98 
(2),  746  (2);  motions,  382,  422,  424,  428,  634,  650,  670  (2),  684,  700,  801; 
amendment,  610. 

MALONE,  DANA  (of  Greenfield).  Committees,  21,  43  (2);  report,  95;  motions,, 
24,  136;  presides,  34,  49;  announcement  of  the  death  of,  169;  resolu- 
tions adopted,  169;  committee  to  attend  funeral,  170;  communication 
from  Mrs.  Malone,  181;  balance  of  compensation,  211.  See  also  615. 

MANCOVITZ,  DAVID  (of  Boston).  Committee,  45;  resolutions,  59,  70,  71,  72,  74,. 
76  (2),  77;  reports,  92,  136,  144;  motions,  150,  248,  326  (2),  331,  366, 
639  (3),  645,  731;  amendments,  248,  641,  644,  645,  731,  735,  739,  740. 

MANSFIELD,  JOHN  J.  (of  Boston).  Committee,  44;  amendments,  286,  296; 
motion,  326;  dissents,  746  (2). 

Manual  for  the  Convention.    Additional  copies  of  the,  245,,  256. 

Resolution  (Luce  of  Waltham)  recording  the  appreciation  of  the  Convention 
of  the  thoughtful  generosity  of  Delegate  William  Wheeler  of  Concord  in 
supplying  for  insertion  in  the,  a  facsimile  reproduction  of  a  resolution  of 
the  town  of  Concord  (October  21,  1776)  setting  forth  the  distinction  be- 
tween a  legislative  body  and  a  constitutional  convention  (adopted),  575. 

Market  places  (public).    See  "Necessities  of  Life." 

Marne.    Recognition  of  the  allied  victory  along  the,  in  France,  717. 

MARSHALL,  DANIEL  J.  (of  Worcester).  Qualified,  23;  committee,  45;  leave  of  ab- 
sence, 191,  193;  war  service,  615. 

MARTIN,  DANIEL  A.  (of  Holyoke).  Committee,  43;  resolutions,  59,  73;  motion,. 
868;  leave  of  absence,  202;  war  service,  615. 

MARTIN,  MARTIN  L.  (of  Boston).    Committee,  45;   resolution,  73. 

Massachusetts  Historical  Society.  Privileges  of  the  library  of  the,  extended  to  the 
members  of  the  Convention,  62. 

Matron  of  the  State  House,  extra  compensation  for  the.  See  "Constitutional  Con- 
vention." 


946  INDEX. 

McANAKNEY,  JOHN  W.  (of  Quincy).  Monitor,  24;  committee,  45;  resolutions, 
51,  71,  845;  reports,  97,  118;  motions,  etc.,  130,  326,  377,  713,  845;  amend- 
ment, 396;  leave  of  absence,  211,  700;  presides,  443,  452. 

McCAFFKEY,  GEORGE  H.,  Jr.  (of  Boston).  Committee,  44;  resolution,  58;  dis- 
sents, 131;  leave  of  absence,  181,  193;  war  service,  615. 

McCall,  His  Excellency  Samuel  W.,  calls  the  Convention  to  order,  7.  See  "Gov- 
ernor." 

MCCARTHY,  CHARLES  F.  (of  Marlborough).  Committee,  45;  motions,  192,  565; 
compensation,  868. 

McCoRMACK,  JOHN  W.  (of  Boston).  Committee,  46;  resolution,  68;  reports,  599; 
motions,  200,  211,  216,  246,  344,  440,  868;  leave  of  absence,  664;  pre- 
sides, 730. 

MclsAAC,  DANIEL  V.  (of  Boston).    Committee,  45;  report,  823. 

McKEON,  FRANCIS  P.  (of  Worcester).  Committee,  44;  resolutions,  69,  70;  peti- 
tion, 103. 

McLAUD,  ABNER  S.  (of  Greenfield).  Committees,  44,  170;  report,  171;  amend- 
ments, 319,  328,  345. 

Mechanics,  employment  of,  on  construction  work.    See  "Labor." 

Merchandise  and  commodities.    See  "Necessities  of  Life." 

MERRIAM,  JOHN  M.  (of  Framingham).  Committees,  45,  357;  resolution,  60;  re- 
ports, 91  (2),  96,  357;  motions,  112,  356;  amendments,  237,  512,  534; 
leave  of  absence,  155,  664. 

MERRILL,  GEORGE  FRYE  (of  Gloucester).  Committee,  43;  petition,  103;  reports, 
83,  92;  dissents,  92;  motions,  465,  705;  leave  of  absence,  749,  764,  797. 

MICHELMAN,  JOSEPH  (of  Boston).  Committees,  44,  57,  357;  resolutions,  50  (2), 
51  (2),  60;  motions,  367,  368. 

Middlesex  County  senatorial  districts.    See  "General  Court." 

Military  affairs.  Resolution  (reported  under  Rule  25)  relative  to  the  selection  of 
officers  of  the  militia,  90;  704  (second  reading),  706,  767  (third  reading), 
781;  submitted  to  the  people,  812,  826,  848. 

Resolution  (reported  under  Rule  25)  relative  to  the  powers  of  the  Commander- 
in-Chief  and  of  the  General  Court  in  matters  concerning  the  militia,  90; 
706  (second  reading),  767  (third  reading),  781;  submitted  to  the  people, 
808,  827,  848. 

Resolution  relating  to  the  appointment  of  military  officers,  the  numbers  and 
organization  of  military  forces  and  civil  penalties  to  be  inflicted  by  courts 
martial,  73;  reported  adversely,  97;  rejected,  679. 

Resolution  relative  to  the  militia  of  the  Commonwealth,  73;  reported  ad- 
versely, 97;  rejected,  638. 

Resolution  relative  to  the  method  of  selecting  and  promoting  officers  in  the 
militia,  73;  reported  adversely,  97;  rejected,  679. 

Military  Affairs,  committee  on.  Authorized,  25;  appointed,  45;  references,  73; 
reports,  90  (2),  97  (3). 

Milk  dealers.  Resolution  giving  the  General  Court  power  to  enact  legislation  to 
require  that  persons,  firms,  associations  or  corporations  dealing  in  milk 
or  cream  shall  give  bond  for  prompt  payments  to  producers,  629;  placed 
on  file,  659. 

Minimum  wage.    See  "Labor." 

MITCHELL,  CHARLES  (of  New  Bedford).  Committee,  45;  report,  95;  leave  of 
absence,  743. 

MITCHELL,  JOHN  (of  Springfield).    Committee,  44;   dissents,  90. 

Monitors  of  the  Convention.    Authorized,  24;  appointed,  24. 


INDEX.  947 

MONTAGUE,  DAVID  T.  (of  Boston).     Committees,  45,  175,  845;   reports,  84,  96; 

motions,  120,  125,  201;  amendments,  125,  221,  285,  290,  355. 
MOORE,  CHARLES  D.  C.  (of  Swampscott).    Committee,  45;   motions,  518,  664. 
MORAN,  WILLIAM  (of  Fall  River).    Monitor,  24;   committee,  43;  reports,  84,  104. 
MORIARTY,  JAMES  T.   (of  Boston).     Special  communication,   12;    committee,  44; 

resolutions,  72,  73;  dissents,  90;  motions,  46,  105,  204,  543;  amendment, 

542;  leave  of  absence,  312,  635. 
MORRILL,  CHARLES  H.   (of  Haverhill).     Committee,  43;    resolutions,  61,  70  (2), 

75,  76;    report,  94;    dissents,  93  (3),  94  (8);    motions,  31,  35,  540,  696; 

amendments,  226,  229,  233,  234,  426,  513,  518,  579,  587,  588,  598. 
MORTON,  JAMES  M.  (of  Fall  River).     Special  seat,  26;    committees,  45,  57,  615, 

845,  869;   reports,  90,  92,  96,  209,  210,  859;   dissents,  659;   motions,  42, 

210,  632,  804,  861;    amendments,  168,  185,  511,  567,  716;    presides,  27, 

209,  210;  special  mention,  209,  869,  870. 
MOYNIHAN,  JAMES  J.  (of  Boston).    Committee,  43;  report,  94;  motion,  664;  leave 

of  absence,  196. 
Mullen,  James  J.,  Jr.     Order  (Quincy  of  Boston)  relative  to  giving  to  Joseph  M. 

Sullivan  and  (of  Boston),  seats  in  the  Convention  with  one-half  vote  each, 

47;  resolution  reported  (declaring  Joseph  M.  Sullivan  duly  elected),  63; 

adopted,  78. 

Municipal  elections.    See  "Election  Laws;"   "Elections." 
Municipal  finances,  separation  of,  from  state  revenues  and  expenditures,  etc.    See 

"Loans;"   "Taxation." 

Municipal  fuel  yards  and  markets.    See  "Necessities  of  Life." 
Municipal  Government,  committee  on.     Authorized,  24;    appointed,  45,  66,  78; 

references,  51,  60,  73,  88,  89,  111;   time  extended,  87,  117;   reports,  81, 

82,  84,  97  (4),  98  (4),  115  (2),  131. 
Municipalities.    See  "Homesteads,"  "Lord's  Day;"  "Necessities  of  Life;"  "Public 

Ownership." 

Resolution  relative  to  home  rule  for  cities,  51;    reported  adversely,  97;    re- 
jected, 637. 
Resolution  providing  for  home  rule  for  cities  and  towns  (see  "Taxation"),  60, 

81;  reported  adversely,  97;  rejected,  637. 
Resolution  to  provide  for  a  larger  measure  of  home  rule  for  (see  "Homesteads;" 

"Taxation"),  60,  81,  82;  reported  adversely,  97;  rejected,  637. 
Resolution  providing  for  granting  a  greater  measure  of  home  rule  to  cities  and 

towns,  73;  reported  adversely,  97;  rejected,  637. 
Resolution  to  provide  for  home  rule  in,  in  all  matters  not  within  general  laws, 

73;  reported  adversely,  98;  rejected,  630. 
Resolution  to  provide  for  local  self-government  by  municipalities,  73;  reported 

adversely,  98;  rejected,  649. 
Resolution  relative  to  the  authority  of  the  General  Court  in  the  government  of 

cities,  73;  reported  adversely,  98;  rejected,  630. 
Municipal  officers,  election  of.    See  "Election  Laws." 
Municipal  ownership  of  public  utilities.    See  "Public  Ownership." 
MURLEY,  JOSEPH  J.  (of  Boston).    Committee,  45;  resolutions,  58,  59;  motion,  687; 

leave  of  absence,  713. 
MURPHY,  JOHN  L.   (of  Chelsea).     Committee,  44;    resolution,  70;    motion,  131; 

leave  of  absence,  181,  193;  war  service,  615. 
MYRON,  JOHN  F.  (of  Boston).    Committee,  44. 


948  INDEX. 


N: 

Natural  resources.  Resolution  defining  private  property  title  to,  73;  Resolution 
(reported)  relative  to  the  public  interest  in,  90;  recommitted,  123,  125; 
new  draft  reported,  160,  630  (second  reading),  631  (quorum  roll-call), 
730  (third  reading),  733  (yea  and  nay  on  amendments),  736  (quorum  roll- 
call),  737  (yea  and  nay  on  passing  to  be  engrossed),  743,  775  (yea  and 
nay  on  suspending  Rule  53  to  permit  an  amendment);  submitted  to  the 
people,  778  (yea  and  nay),  823,  847. 

Resolution  relative  to  legislative  regulation  of  [fish  and  game,  birds  and  flowers, 
forests  and  waters,  beaches,  reservoirs  and  watersheds],  61;  reported 
adversely,  98;  rejected,  670. 

Resolution  relative  to  the  use  of,  708,  749;   placed  on  file,  793. 
Necessities  of  life.    See  "Food;"   "Homesteads." 

Resolution  relative  to  authorizing  the  General  Court  to  enact  laws  granting 
cities  and  towns  authority  to  purchase  and  sell  the  [coal,  wood,  fuel,  ice, 
foodstuffs],  47;  Resolution  relative  to  the  buying  and  selling  of  merchan- 
dise and  commodities  by  the  Commonwealth  and  by  cities  and  towns, 
47;  Resolution  relative  to  authorizing  the  General  Court  to  enact  laws 
granting  authority  to  state  and  municipal  officers  to  seize  and  sell  food 
supplies,  47;  Resolution  relative  to  empowering  the  General  Court  to 
authorize  the  taking  of  foodstuffs,  fuel  and  other,  for  sale  to  the  inhabitants 
of  the  Commonwealth,  and  to  the  towns  and  cities  thereof,  and  to  authorize 
towns  and  cities  to  buy  such,  for  sale  to  their  inhabitants,  54;  Resolu- 
tion empowering  cities  and  towns  to  establish  and  maintain  slaughter- 
houses and  cold-storage  warehouses,  60;  Resolution  relative  to  the  pro- 
duction, manufacture  or  purchase  and  sale  of  fuel  and  ice,  60;  Resolution 
relative  to  the  right  of  the  Commonwealth,  counties,  cities  and  towns  to 
engage  in  business  undertakings,  73;  Resolution  relative  to  the  establish- 
ment of  public  markets  and  the  sale  of  food  stuffs,  74;  Resolution  relative 
to  the  maintenance  of  municipal  fuel  and  coal  yards  and  market  places, 
74;  Resolution  granting  further  powers  to  cities  and  towns  in  relation  to 
the,  74;  Resolution  to  authorize  the  enactment  of  laws  governing  the 
purchase,  sale  and  distribution  of  the,  74;  Resolution  to  enable  the  Com- 
monwealth and  municipalities  to  manufacture,  purchase  and  sell  the,  and 
to  manufacture  and  sell  gas  and  electricity,  74;  Resolution  relative  to 
giving  to  the  Commonwealth  and  to  cities  and  towns  the  right  to  seize, 
sto/e,  sell  and  distribute  food  and  fuel,  74;  Resolution  (reported)  to  au- 
thorize the  enactment  of  laws  governing  the  acquirement,  sale  and  dis- 
tribution of  the,  90,  219,  224,  232,  255,  258  (first  reading),  260  (yea  and 
nay  on  closing  debate),  264,  268,  270  (yea  and  nay  on  amendment),  278 
(second  reading),  281,  283,  288,  290  (amended),  292,  307,  312  (third  read- 
ing), 318,  321  (yea  and  nay  on  postponement),  326,  328  (yea  and  nay 
on  amendment),  330  (new  draft),  330,  331  (amended);  submitted  to  the 
people,  332,  333;  report  of  adoption,  616,  846. 

Order  (Dennis  D.  Driscoll  of  Boston)  providing  for  the  consideration  of  the 
public  acquirement  and  sale  of  the,  immediately  after  the  disposition  of 
the  initiative  and  referendum,  219;  new  draft  reported,  224;  adopted, 
232. 

Resolution  (Balch  of  Boston)  expressing  the  sense  of  the  Convention  as  to 
the  intention  of  the  article  of  amendment  relative  to  the  acquirement  and 
sale  of  the,  333;  withdrawn,  501. 


INDEX.  949 

Needy  and  aged  persons.    See  "Pensions;"   "Taxation." 

NESTOR,  PATRICK  F.  (of  Lowell).    Committee,  46;   report,  223;   motion,  717. 

NEWHALL,  ARTHUR  N.  (of  Stoneham).    Committee,  45;   dissents,  90  (2);   motion, 

694;  amendment,  704,  706;  leave  of  absence,  133. 
Newspapers.    For  the  use  of  members  of  the  Convention,  22,  628. 

Furnishing  reports  of  debates  to  certain,  673. 
NEWTON,  H.  HUESTIS  (of  Everett).     Committee,  43;   resolutions,  58,  60,  62,  72, 

76;  petition,  103;  reports,  220  (2);  dissents,  98,  99;  motions,  62,  79  (2), 

210,  218,  220  (2),  358,  368,  635,  665  (2);   amendment,  782  (2);  presides, 

220  (2),  660. 

Non-contributory  insurance  and  old-age  pensions.    See  "Pensions." 
Notary  public.    See  "Public  Officers;"    "Women." 

Resolution  to  abolish  the  office  of,  as  an  office  under  the  Constitution,  51; 

reported  adversely,  84;  rejected,  674. 
Nuisances,  regulation  of.    See  "  Buildings." 
NUTTING,  EDWARD  H.  (of  Leominster).    Committee,  44;  report,  93;  dissents,  746. 

o. 

Oaths  of  qualification,  7,  13  (Secretary),  23,  79. 

O'CONNELL,  JOHN  J.  (of  Lowell).    Committee,  44. 

O'CoNNELL,  JOHN  P.  (of  Salem).    Committee,  44;   leave  of  absence,  160,  720. 

O'CoNNELL,  JOSEPH  F.  (of  Boston).  Committee,  43;  report,  100;  motions,  25, 
286,  498,  509,  537,  545,  577,  649,  660,  679,  692,  740,  769;  amendments, 
125,  319,  328,  452,  498,  510,  577,  693,  699,  740,  742,  769;  leave  of  absence, 
196;  presides,  387,  390. 

O'CONNOR,  JOHN  D.  (of  Chicopee).    Committee,  45;   resolutions,  74,  77. 

Old-age  pensions.    See  "Pensions;"   "Taxation." 

One  day's  rest  in  seven.    See  "Labor." 

Order,  questions  of,  113,  133,  233  (3),  238,  274,  275  (2),  280,  326,  363,  483,  486, 
520,  534,  539,  548,  551  (2),  721,  817,  861. 

Ordinances,  issuing  of,  by  departments  of  the  Commonwealth.  See  "State  Ad- 
ministration." 

Out-door  advertising.    See  "Advertisements." 

p. 

Pairing  on  yea  and  nay  votes.    See  "Absence,  Leave  of." 

Pardons.  Resolution  vesting  the  pardoning  power  in  the  Governor  [without  the 
Council],  58;  Resolution  to  provide  for  a  pardon  board  and  pardon  juries, 
69;  Resolution  (reported)  relative  to  the  pardoning  power,  89,  692  (second 
reading),  756  (third  reading),  764;  rejected,  811. 

PARKER,  GEORGE  S.  (of  Boston).    Committee,  44;  vote  of  sympathy  for,  219,  244. 

PARKER,  HERBERT  (of  Lancaster).  Committees,  21,  43  (2),  170,  713,  845,  869; 
resolution,  54;  reports,  118,  194,  427;  dissents,  118;  motions,  etc.,  22, 
117,  169,  190,  196,  279,  282,  781,  845;  leave  of  absence,  617,  673. 

PARKMAN,  HENRY  (of  Boston).  Committee,  43;  resolutions,  55,  61,  193;  reports, 
91  (2),  111,  165,  166,  726;  dissents,  131;  motions,  165  (2),  192,  237,  246, 
288,  312,  378,  393,  398,  610,  626,  636  (2),  680,  705;  amendments,  368, 
438,  486,  693,  699  (2),  759  (6),  760,  761  (5),  763;  presides,  165  (2). 

Party  designations.    See  "Elections." 

Pay-roll.  See  "Constitutional  Convention;"  "Contingent  Expenses  and  Pay- 
Roil,  Committee  on." 


950  INDEX. 

Peace,  justice  of  the.    See  "Justice  of  the  Peace." 

Pedrick,  Thomas  F.    See  "Sergeant-at-Arms." 

PEIRCE,  ALBION  G.  (of  Methuen).    Committee,  45. 

PELLETIER,  JOSEPH  C.  (of  Boston).  Committees,  21,  43  (2);  reports,  91,  202,  203; 
dissents,  89;  motions,  21,  34,  116,  202,  203,  326;  amendment,  307;  leave 
of  absence,  149,  668;  presides,  202,  203. 

Pensions.    See  "Taxation." 

Resolution  relative  to  the  providing  of  non-contributory  health  insurance, 
48;  Resolution  relative  to  the  providing  of  non-contributory  old-age,  48; 
Resolution  relative  to  providing  for  contributory  old-age  insurance,  51; 
Resolution  relative  to  providing  for  contributory  unemployment  insurance, 
51;  Resolution  relative  to  providing  for  non-contributory  accident,  sick- 
ness and  invalid  insurance,  51;  Resolution  relative  to  state,  51;  Resolu- 
tion authorizing  the  Commonwealth  to  insure  persons  or  property,  51; 
Resolution  providing  for  a  state  fund  for  workmen's  compensation,  54, 
82;  Resolution  to  provide  for  social  insurance  by  the  Commonwealth,  60; 
Resolution  authorizing  compulsory  insurance  of  employees,  60;  Resolution 
authorizing  state  insurance  of  workers  against  accidents,  sickness,  invalid- 
ity, old  age  and  unemployment,  60;  Resolution  providing  for  compulsory 
death  benefits  for  dependents  of  persons  engaged  in  the  public  service  in 
times  of  war  and  national  and  state  emergency  and  of  persons  engaged  in 
hazardous  employments  at  all  times,  60;  Resolution  giving  the  General 
Court  power  to  enact  laws  for  the  protection  of  the  lives,  health  or  safety 
of  workers,  60;  Resolution  relative  to  creating  a  state  fund  for  workmen's 
compensation  insurance,  61;  Resolution  relative  to  the  establishment  of 
a  system  of  non-contributory  health  insurance,  75;  Resolution  relative  to 
the  establishment  of  health  insurance  for  working  men,  75;  Resolution 
relative  to  establishing  a  system  of  non-contributory  old-age,  75;  Resolu- 
tion relative  to  the  establishment  of  a  system  of  old-age,  75;  petition  of 
the  Massachusetts  State  Branch  of  the  American  Federation  of  Labor 
accompanied  by  Resolution  providing  for  the  establishment  and  mainte- 
nance of  a  system  of  old-age,  75;  Resolution  relative  to,  to  dependents  of 
those  suffering  from  cancer  or  tuberculosis,  75;  petition  of  the  Massa- 
chusetts State  Branch  of  the  American  Federation  of  Labor  accompanied 
by  Resolution  providing  that  employers  shall  insure  in  a  public  fund  for 
the  benefit  of  injured  employees,  75;  Resolution  relative  to  the  establish- 
ment of  a  state  fund  for  workmen's  compensation,  75;  report  (submitting 
certain  conclusions  and  resolutions),  91,  170  (remonstrance),  656,  660, 
661  (quorum  roll-call);  Resolution  (substituted)  relative  to  the  establish- 
ment of  systems  of  social  insurance,  663,  744  (second  reading);  rejected, 
747. 
Resolution  providing  for  old-age,  749,  797;  placed  on  file,  811. 

PERRY,  AUGUSTUS  W.  (of  Boston).  Committee,  45;  dissents,  88;  leave  of  absence, 
200,  344,  440,  868;  war  service,  615. 

Personal  property,  taxation  of.    See  "Taxation." 

PETERSON,  PATRICK  (of  Brockton).     Committee,  45;   dissents,  88. 

Petitioning  for  legislation,  procedure  in.    See  "General  Court." 

Physical  education,  encouragement  of.    See  "Education." 

PILLSBURY,  ALBERT  E.  (of  Wellesley).  Committees,  21,  43,  45,  170,  615,  845,  869; 
resolution,  864;  reports,  90  (2),  171,  206  (2),  237,  245,  246,  428,  617,  797, 
816;  presides,  123,  124,  133  (ruling),  139  (2),  190  (2),  203  (2),  205,  206, 
237,  245,  246,  648-652,  765;  motions,  etc.,  62,  79,  80,  123,  192,  205,  206, 
219,  230,  234,  237,  245,  246,  275,  303,  382,  465,  520,  617,  619,  626,  665, 


INDEX.  951 

789  (2),  792  (2),  805,  841,  861  (2),  864  (2);  amendments,  125,  258,  264, 
267,  268,  269  (2),  270,  318,  328,  379,  437,  483  (2),  506,  523,  593,  619,  730, 
778,  790  (2),  793,  794,  803,  804  (2). 

Police  power.    Resolution  relative  to  extending  the  application  ["stress  of  modern 

warfare"]  of  the  decisions  of  the  Supreme  Judicial  Court  as  to  the,  so 

called,  47;    reported  without  recommendation,  89;    report  accepted,  637; 

requests  to  take  same  from  the  files  (denied),  665,  668. 

Resolution  relative  to  the  application  of  the  decisions  of  the  Supreme  Judicial 

Court  as  to  the,  so  called,  669;   placed  on  file,  679. 
Resolution  declaring  the  determination  of  the  limits  of  the,  so  called,  to  be  a 

legislative  function,  673;  placed  on  file,  678. 
Poll  taxes.    See  "Taxation." 

Poor  debtors.  Order  (Brown  of  Brockton)  providing  for  a  report  on  further  pro- 
tection against  unjust  and  oppressive  imprisonment  of,  77;  report  (no 
action  necessary),  91,  156,  158;  accepted,  161. 

Porters  of  the  State  House,  extra  compensation  for  the.  See  "Constitutional  Con- 
vention." 

POWERS,  SAMUEL  L.  (of  Newton).  Committees,  21,  43  (2),  149,  837;  resolutions, 
69  (2);  petition,  114;  reports,  30,  149,  659;  dissents,  118,  505;  motions, 
30,  134,  149,  154,  196,  201,  207,  244  (2),  280,  306,  372  (2);  amendments, 
172,  185,  291,  296  (2),  315;  presides,  733-735. 

Practical  mechanics,  employment  of,  on  construction  work.    See  "Labor." 
Preamble,  amendment  of  the.    See  "Constitution,  Preamble  of  the." 
President  of  the  Convention.    Election  of  a,  13  (yeas  and  nays  on  method  of  pro- 
cedure), 16  (nominating  speeches),  16  (roll-call). 

Hon.  John  L.  Bates  declared  elected  as,  19;  election  of,  made  unanimous,  19; 
remarks  of  the,  19,  57,  151,  177,  241,  357,  615,  627,  797,  806,  837,  845, 
846,  853,  870. 

Committees  appointed  by  the,  21,  43,  837  (2). 
Authorized  to  select  chaplains,  21. 
Monitors  appointed  by  the,  24. 
Special  seats  assigned  by  the,  26. 

Approval  by  the,  of  the  printing  of  certain  documents,  33. 
Authorized  to  appoint  special  committees  during  the  recess  of  the  Convention, 

575;  and  directed  to  serve  as  chairman  of  all  such  committees,  604. 
Resolution  (adopted)  of  appreciation  of  the  services  of  the,  844. 
Press,  liberty  of  the.    See  "Rights." 
Primary  elections.    See  "Elections." 

Printing.    Secretary  authorized  to  employ  the  legislative  printers,  23,  51,  55. 
Private  institutions,  inspection  of.    See  "Charitable  Institutions." 
Private  property,  compensation  for  the  taking  of.    See  "Rights." 
Private,  special  and  local  matters,  orders  and  petitions  relating  to.    See  "Council;" 

"  General  Court."- 

Privilege,  questions  of:   Mr.  Wonson  of  Gloucester,  33;   Mr.  Gleason  of  Andover, 
33;   Mr.  Chase  of  Lynn,  67;   Mr.  Boyden  of  Deerfield,  110;   Mr.  Willett 
of  Norwood,  233;  Mr.  White  of  North  Brookfield,  764. 
Limited  to  five  minutes  (Rule  45),  245. 

Privileges.  Resolution  relative  to  the  revocation  or  alteration  of  grants,  franchises, 
or  immunities,  60;  reported  adversely,  84;  rejection  negatived,  649,  742 
(second  reading),  743,  775  (.third  reading),  782;  submitted  to  the  people, 
812,  831,  849.  See  "Public  Officers." 

Resolution  relative  to  prohibiting  the  granting  of  special,  to  individuals,  cor- 
porations or  associations,  60; .  reported  adversely,  84;  rejected,  649. 


952  INDEX. 

Probate,  registers  of,  appointment  of.    See  "County  Officers." 

Problems  caused  by  the  war,  proposed  special  recess  committee  to  consider.  See 
"War,  Changes  Caused  by." 

Professions  and  business.    See  "Women." 

Prohibition,  state-wide.    See  "Intoxicating  Liquors." 

Property,  taking  of,  for  public  uses.    See  "Land,  Taking  of;"    "Landmarks." 

Property  rights.  See  "Judicial  Procedure;"  "Labor;"  "Natural  Resources;" 
"Rights;"  "Taxation." 

Proportional  representation.    See  "General  Court." 

Proportional  taxation.    See  "Taxation." 

Public  Affairs,  committee  on.  Authorized,  24;  appointed,  44;  references,  48,  54, 
60,  73,  74,  82,  88;  time  extended,  87,  117,  133,  155,  170;  reports,  83,  84 
(5),  85  (6),  90  (5),  92,  160,  171. 

Public  defender.     Resolution  relative  to  establishing  the  office  of,  72;    reported 

adversely,  96,  123,  126;  rejected,  127. 
Resolution  relative  to  the  election  of  a,  72;   reported  adversely,  96,  123,  126; 

rejected,  127. 

Resolution  relative  to  the  providing  of  counsel  for  defendants  charged  with 
state  prison  offences,  72;  reported  adversely,  96,  124,  126;  rejected, 
127. 

Public  education .    See  ' '  Education . ' ' 

Public  employees.    See  "Civil  Service." 

Resolution  to  authorize  the  payment  of  bonuses  to  deserving,  73;  reported 
adversely,  98;  rejected,  630. 

Public  funds.  Resolution  to  prohibit  the  support  of  institutions  from,  47;  remon- 
strances, 69,  81,  104,  110,  114,  127,  160;  Resolution  to  establish  religious 
freedom  and  to  prevent  appropriations  of  public  moneys  for  the  support 
of  denominational  institutions,  50;  Resolution  to  prohibit  the  support  of 
sectarian  institutions  from,  53,  58;  petitions  in  aid,  58,  68,  81,  103,  104, 
110,  114,  127,  160;  Resolution  relative  to  appropriations  for  sectarian 
purposes,  69;  Resolution  (reported)  relative  to  the  support  of  certain 
institutions  from,  89,  112,  113,  116  (2),  116  (statement  ordered  printed), 
119,  120  (new  draft),  120  (2),  122,  167  (amendments),  171  (amendments), 
173  (statements  ordered  printed),  183  (amendments),  184  (amendments), 
185  (yea  and  nay  on  passing  to  be  engrossed),  188  (statement  ordered 
printed),  193  (remonstrance  of  the  State  Board  of  Agriculture),  200;  sub- 
mitted to  the  people,  202,  307,  316,  323,  331,  336,  344;  report  of  adoption, 
616,  846. 

Order  (Edwin  U.  Curtis  of  Boston)  providing  for  printing  the  report  of  the 
committees  on  Rules  and  Procedure  and  Amendment  and  Codification  of 
the  Constitution  relative  to  placing  on  the  ballot  the  article  of  amendment 
contained  in  the  Resolution  relative  to  the  support  of  certain  institutions 
from  public  funds,  336;  adopted,  344;  report  reprinted,  393. 
Resolution  relative  to  appropriations  for  vocational,  trade  and  textile  schools, 

69;  reported  adversely,  84,  123,  124;  rejected,  127. 

Resolution  relative  to  the  expenditure  of  public  moneys  [entertaining  hereditary 
representatives  of  foreign  states],  862;  refused  consideration,  863,  869 
(motion  to  reconsider). 

Public  institutions,  inspection  of.    See  "Charitable  Institutions." 

Public  loans,  state  supervision  of.    See  "Loans." 

Public  markets.    See  "Necessities  of  Life." 

Public  officers.    See  "Candidates;"  "Judicial  Officers;"  "Rights;"  "State  Officers." 


INDEX.  953 

Resolution  relative  to  the  appointment  of  certain,  to  public  office  while  holding 
positions  in  the  public  service,  54;  reported  adversely,  98;  rejected, 
704. 

Resolution  to  prevent  the  granting  of  special  privileges  and  creating  class  dis- 
tinction among  the  people  of  this  Commonwealth  [by  return  of,  to  private 
life],  58;  new  draft  reported,  89;  655  (second  reading);  recommitted, 
733;  reported  adversely,  785;  rejected,  803,  808. 

Resolution  relative  to  empowering  the  Governor  to  remove  from  office  certain 
officials  elected  by  the  people,  58;  reported  adversely,  93;  rejected,  704, 
706. 

Resolution  relative  to  the  incompatibility  of  offices  [notaries  public],  61;  re- 
ported adversely,  98;  rejected,  644. 

Resolution  authorizing  the  General  Court  to  pass  laws  providing  for  the  recall 
of  state  and  county  officers,  61;  reported  adversely,  98;  rejected,  654. 

Resolution  relative  to  the  removal  [by  the  Governor]  of  certain  elected  officers, 
70;  reported  adversely,  93;  rejected,  654. 

Resolution  relative  to  the  terms  of  office  [not  more  than  three]  of  elective  officers 

(refused  consideration),  863. 
Public  ownership.    See  " Landmarks;"    "Necessities  of  Life." 

Resolution  relative  to  empowering  cities  and  towns  to  acquire,  own  and  operate 
public  utilities,  60;  reported  adversely,  84;  rejected,  649. 

Resolution  to  provide  for  municipal  ownership  of  plants  for  the  manufacture, 
use  and  sale  of  gas  and  electricity,  74;  reported  adversely,  84;  rejected, 
650. 

Resolution  to  provide  for,  of  all  public  utilities  and  for  the  conservation  of  the 
water  powers  of  the  Commonwealth,  74;  reported  adversely,  85;  rejected, 
638. 

Resolution  to  provide  for  the  ownership,  purchase  and  operation  of  public 
utilities,  74;  reported  adversely,  85;  rejected,  643. 

Resolution  to  authorize  the  taking  of  public  utilities  or  any  part  or  parts  thereof, 
74;  reported  adversely,  85;  rejected,  638. 

Petition  of  the  Massachusetts  State  Branch  of  the  American  Federation  of 
Labor  accompanied  by  Resolution  providing  for  state,  county  and  mu- 
nicipal ownership  of  public  utilities,  74;  report  (leave  to  withdraw),  83; 
accepted,  643. 

Resolution  relative  to  the,  and  operation  of  street  railways,  74;   reported  ad- 
versely, 85;  rejected,  649. 
Public  schools.    See  "Education." 

Resolution  relative  to  leave  of  absence  with  pay  for  teachers  in  the,  58;  re- 
ported adversely,  93;  rejected,  666. 

Public  service.     Resolution  relative  to  the  interruption  or  impairment  of  any  [or 
the  operation  of  any  public  utility]  (refused  consideration),  864  (yea  and 
nay). 
Public  Service  Commission.    Resolution  providing  for  the  election  of  the  members 

of  the,  76;  reported  adversely,  98;  rejected,  669. 
Public  utilities.    See  "Public  Ownership;"   "Public  Service." 
Public  welfare.    See  "Rights." 

PUTNAM,  HARRY  B.  (of  Westfield).     Committee,  44;    motions,  211,  764;    amend- 
ments, 436,  468,  470. 


954  INDEX. 


Q. 

Qualifications  of  candidates.    See  "Candidates." 

Qualifications  of  voters.    See  "Voters." 

QUINCY,  JOSIAH  (of  Boston).  Committees,  21,  43,  44,  615,  713;  resolutions,  70, 
843;  reports,  88,  89,  128  (2),  334,  427;  dissents,  266;  presides,  128  (2), 
307;  motions,  etc.,  13,  23,  29,  35,  46,  47  (2),  67,  108,  111,  112,  113,  128  (2), 
233,  267,  269,  280,  310,  335,  345,  382,  545  (2),  548,  648,  653,  659  (2),  668, 
705,  706,  712  (2),  768,  844,  845;  amendments,  221,  234  (3),  249,  264,  269, 
278,  290,  342,  343,  347  (3),  370,  373,  382,  401,  404,  416,  419,  425  (2),  449, 
513,  516,  545 -(2),  546,  547,  548,  562,  563,  588,  589,  590  (2),  593,  650,  710. 

QUINN,  TIMOTHY  F.  (of  Sharon).  Committee,  43;  reports,  84,  94  (2);  motions,  327, 
863. 

Quorum  [of  the  Convention  and  Committee  of  the  Whole],  7,  140,  144,  158,  165, 
167,  190,  192,  195,  201,  204,  206,  207  (roll-call),  210,  214  (roll-call),  220, 
221,  228,  231,  232,  246,  251  (roll-call),  256  (roll-call),  260  (2),  264,  269, 
277,  286,  288  (roll-call),  290,  292,  293,  299  (roll-call),  306,  307,  312,  317, 
320,  326,  327,  339,  352,  356,  357,  368,  372,  382,  383  (roll-call),  391  (roll- 
call),  399  (roll-call),  405,  412  (roll-call),  418,  423,  440  (roll-call),  447  (roll- 
call),  453,  466,  481,  504,  509,  518,  520,  526,  545,  557,  560,  631  (roll-call), 
633  (roU-caU),  634,  638,  639  (roll-call),  644,  645,  650,  654,  655,  660,  661 
(roll-call),  662,  667,  669,  671  (roll-call),  675,  680,  681  (roll-call),  684  (roll- 
call),  688  (2),  702  (roll-call),  709  (roll-call),  710,  717  (roll-call),  721,  736 
(roll-call),  744  (2),  751,  761,  772  (roll-call),  782,  785,  790,  805,  811,  857 
(roll-call). 

R. 

Rates,  assessments  and  taxes.    See  "Taxation." 

RAY,  HERBERT  L.  (of  Sutton).    Committee,  45. 

Real  estate,  assessment  of.    See  "Taxation." 

Rearrangement  of  the  Constitution,  special  committee  on.  Order  (reported)  pro- 
viding for  a,  to  rearrange  the  Constitution  after  submission  to  the  people 
of  the  proposed  amendments,  807,  820  (adopted),  838  (expenses);  com- 
mittee appointed,  845;  reported,  859;  expression  of  appreciation,  869. 
Order  (adopted)  authorizing  a  sub-committee  of  the,  to  correct  errors  and 
establish  the  text  of  the  rearrangement,  869. 

Recall  of  certain  officials.    See  "Judges;"   "Public  Officers;"   "State  Officers." 

Recess  committees  and  commissions.    See  "Committees;"   "General  Court." 

Referendum.  See  "Constitution  of  the  United  States,  Amendment  of  the;"  "Initia- 
tive and  Referendum." 

Registers  of  probate,  appointment  of.    See  "County  Officers." 

Registration  of  voters.    See  "Voters." 

REIDY,  MICHAEL  J.  (of  Boston).    Committee,  43;  reports,  81,  93,  94;  motion,  545. 

Religion.  Resolution  relative  to  the  free  exercise  of,  69;  reported  adversely,  92, 
111,  113;  rejected,  115. 

Religious  freedom.    See  "Public  Funds." 

Removal  from  office.    See  "Public  Officers." 

Reservoirs.    See  "Natural  Resources." 

RICHARDSON,  EDWARD  A.  (of  Ayer).  Committee,  44;  petition,  127;  report,  100; 
dissents,  115;  motion,  628;  announcement  of  the  death  of,  862;  adjourn- 
ment as  a  mark  of  respect,  862. 


INDEX.  955 

RICHARDSON,  JAMES  P.  (of  Newton).     Committees,  45,  845;    resolutions,  54,  57; 
reports,  81,  89,  824;   motions,  etc.,  107,  108,  195,  238,  275,  279,  356,  412, 
534,  539,  590,  637,  653  (2),  733,  742,  769,  803,  805,  806,  815,  867;  amend- 
ments, 168,  185,  221,  234,  279,  281,  290,  337,  438,  489,  491,  493,  508,  531, 
534,  727  (2),  731,  735,  780,  782;   leave  of  absence,  244,  557,  664. 
RIEUTORD,  Louis  O.  (of  Southbridge) .    Committee,  44;  motions,  503,  791. 
Rights.    See  "Judicial  Procedure;"   "Labor;"   "Natural  Resources;"   "Religion;" 
"Taxation;"   "Voters." 

Resolution  providing  that  the,  of  individuals  shall  not  prevent  public  authorities 
from  controlling  business  enterprises  in  the  interest  of  public  welfare,  50; 
reported  adversely,  83,  111,  113;  rejected,  115. 

Resolution  relative  to  the  use  of  private  property  for  public  purposes,  68;  re- 
ported adversely,  83,  123,  125;  rejected,  127. 

Resolution  relative  to  the  law  of  the  land,  68;  reported  adversely,  92,  124,  126; 
rejected,  127. 

Resolution  providing  that  the  enumeration  of,  shall  not  impair  or  deny  other, 
of  the  people,  69;  reported  adversely,  92,  156,  158;  rejected,  161. 

Resolution  relative  to  the  liberty  of  speech  and  of  the  press  and  of  all  important 
recognized  media  of  thought  transmission  utilized  to  affect  public  opinion, 
69;  reported  adversely,  92,  132  (2);  rejected,  136. 

Petition  of  Conrad  Reno  accompanied  by  Resolution  relative  to  industrial,  and 
social  justice,  74;  report  (leave  to  withdraw),  92;  accepted,  655. 

Petition  for  a  hearing  (on  the  preceding  resolution)  in  the  city  of  Spring- 
field, 103;  report  (inadvisable),  117;  accepted,  122. 

Communication  relative  to  providing  reasonable  compensation  when  the  public 
exigencies  require  life,  liberty  or  property  to  be  appropriated  to  public 
uses  (placed  on  file),  144. 
ROBBINS,  EDWARD  J.  (of  Chelmsford).    Committee,  45;  reports,  98,  798  (2);  leave 

of  absence,  726. 

ROBINSON,  GEORGE  H.  (of  Sturbridge).    Committee,  44;  motion,  791. 
Roll-calls.    See  "Quorum;"   "Yeas  and  Nays." 

Roosevelt,  Lieutenant  Quentin.  Order  (Washburn  of  Worcester)  for  a  special  com- 
mittee to  draft  resolutions  of  sympathy  with  Colonel  and  Mrs.  Theodore 
Roosevelt  in  the  death  of  their  son,  713;  committee  appointed,  713;  resolu- 
tions reported  and  adopted,  713;  acknowledgment,  755. 

Ross,  SAMUEL  (of  New  Bedford).     Committees,  21,  43,  44;    resolutions,  57,  61; 
motions,  133,  290,  291,  293,  401,  428,  429,  431,  433,  442;   amendments, 
516,  585;  dissents,  119,  797;  leave  of  absence,  635. 
Rules.    See  "Whole,  Committee  of  the." 

Of  the  House  of  Representatives  adopted  as  temporary,  of  the  Convention,  21. 

Permanent,  adopted,  35-42,  182,  245,  428,  617-624,  800. 

Pamphlet  containing  the,  46,  624,  636. 

Order  (Bouve*  of  Hingham)  proposing  an  amendment  of  Rule  32  (relative  to 
procedure  in  Committee  of  the  Whole),  165;  rejected,  167. 

Order  (Bodfish  of  Barnstable)  proposing  an  amendment  of  Rule  34  (relative  to 
reports  of  the  Committee  of  the  Whole),  165;  report  (consolidating  Rules 
33  and  34),  171;  adopted,  182. 

Order  (Dutch  of  Winchester)  requesting  the  committee  on  Rules  and  Procedure 
to  report  amendments  of  Rules  32  and  18  relative  to  limiting  debate,  205; 
withdrawn,  209. 

Order  (Sawyer  of  Ware)  proposing  an  amendment  of  Rule  45  relative  to  ad- 
journment for  more  than  seven  days  (committed),  219.  [No  report.] 


956  INDEX. 

Rules  —  Concluded. 

Order  (reported  by  the  committee  on  Rules  and  Procedure)  recommending 
amendments  of  Rules  45,  15  and  2  (adopted),  245. 

Rule  28  (relative  to  the  duties  of  the  committee  on  Form  and  Phraseology) 
amended  (on  recommendation  of  the  committee  on  Rules  and  Procedure), 
312,  428. 

Order  (Besse  of  Newburyport)  instructing  the  committee  on  Rules  and  Pro- 
cedure to  sit  during  the  recess  and  to  report  new,  that  will  tend  to  expedite 
the  business  of  the  Convention,  370;  amended  and  adopted,  378;  report 
(recommending  amendments  of  Rules  18,  19,  27,  32,  33,  34,  37,  45,  46,  47, 
56),  617,  620  (yea  and  nay),  622  (yea  and  nay);  accepted,  624. 

Motion  (Underbill  of  Somerville)  proposing  an  amendment  of  Rule  49  (relative 
to  calling  the  yeas  and  nays),  629;  rejected,  658. 

Order  (O'Connell  of  Boston)  relative  to  the  expediency  of  amending  the,  so  as 
to  give  every  member  of  a  committee  reporting  a  measure  an  opportunity 
for  speaking  thereon  (rejected),  679. 

Order  (Williams  of  Brookline)  proposing  an  amendment  of  Rule  18  further 

limiting  debate,  791;  adopted,  800. 
Rules  and  Procedure,  committee  on.    See  "Constitutional  Convention." 

Authorized,  21,  24;   appointed,  21,  43,  260;   assistants,  23. 

Secretary's  and  Sergeant-at- Arms'  assistants  to  be  approved  by  the,  22,  673,  862. 

Authorized  to  have  printed  a  bulletin  of  committee  hearings  and  a  daily  list  of 
committee  hearings,  46. 

Authorized  to  sit  during  a  session  of  the  Convention,  330. 

Authorized  to  designate  some  member  to  approve  bills  during  the  recess,  494. 

Authorized  to  incur  expenses  during  the  recess  of  the  Convention  for  printing, 
mailing,  clerical  assistance  and  other  purposes,  575,  605. 

References,  30,  34,  42,  49,  52,  62,  67  (2),  103,  111,  116,  117,  160,  165  (2),  182 
(3),  184  (2),  196  (2),  202,  205  (2),  209,  211,  216  (2),  218  (4),  219  (2),  223, 
245,  246,  266,  273,  278,  280,  281  (2),  287,  292,  303,  312,  320,  336,  345  (3), 
368,  370,  378,  393,  423  (2),  424,  465,  495,  602,  616,  624,  629  (2),  648,  659, 
665,  668,  669,  673  (2),  679,  708,  749,  772,  807, 816,  839,  840  (2),  861,  862  (3). 

Reports,  24,  25,  28,  30,  31,  33,  34,  51,  67,  114,  117  (2),  118,  167  (2),  171,  194, 
(4),  195,  207,  223,  224  (2),  236,  244  (2),  245,  266,  281,  307,  315,  332,  334, 
336,  344,  356,  360,  377,  393  (2),  427  (2),  428,  501,  505  (2),  602,  603,  606, 
608,  617,  625,  636,  658  (2),  659,  678  (3),  679,  749,  797,  816,  817,  822  (16), 
841  (3),  863  (2),  864,  866. 

RUSSELL,  WALTER  F.  (of  Brockton).  Announcement  of  the  death  of,  a  member- 
elect  from  the  Tenth  Plymouth  Representative  District,  66;  adjournment 
as  a  mark  of  respect,  66.  Also  see  615. 

Order  providing  for  a  payment  to  the  widow  of,  131;  committed,  136;  reported, 

191;  adopted,  195. 
Russian  (War)  Mission,  reception  of  the,  175-181,  852. 

s. 

Salaries.    See  "Judicial  Officers." 

SAUNDERS,  AMOS  T.  (of  Clinton).    Committee,  44;  motions,  275,  327,  361,  762. 

SAWYER,  ROLAND  D.  (of  Ware).  Chaplain,  28,  43,  127,  236,  356,  391,  503,  668, 
726;  committee,  43;  resolutions,  47  (2),  48  (3),  51,  629,  669;  reports, 
99  (3);  dissents,  98,  99;  motions,  etc.,  22,  26,  116,  172,  183,  219,  220, 
233,  236,  245,  258,  275,  291,  293,  319,  321,  345,  356,  357  (2),  426,  447  (2), 
502,  503,  517,  518,  548,  557,  628  (2),  629  (2),  659,  662,  668,  669  (3),  679 
(2),  684,  694,  696,  807;  amendments,  221,  274,  342,  517,  523,  539,  576, 
577,  619,  620,  625,  748,  750. 


INDEX.  957 

Schools,  appropriations  for.    See  "Public  Funds." 

School  teachers,  leave  of  absence  (with  pay)  for.  See  "Public  Schools." 
SCIGLIANO,  ALFRED  P.  (of  Boston).  Committees,  44,  57;  resolution,  76. 
Scrubwomen  of  the  State  House,  extra  compensation  for  the.  See  "Constitutional 

Convention." 

Seats,  assignment  of,  26,  46. 
Secretary   of   the   Commonwealth.      See   "Constitution,   Amendments   of   the;" 

"Council." 
Calls  the  roll  of  persons  whose  certificates  of  election  had  been  returned  to  his 

office  as  the  duly  elected  delegates  to  the  Convention,  7. 
Official  copy  of  the  Journal  of  the  Convention  ordered  to  be  deposited  with 

the,  23. 

Proposed  appointment  of.    See  "Governor;"   "State  Officers." 
Secretary  of  the  Convention.    See  "Constitutional  Convention." 

James  W.  Kimball  of  Swampscott  elected  as,  13;  qualified,  13;  compensation, 

62,  108,  111,  604,  673,  732,  743,  862,  867. 
Authorized  to  appoint  an  assistant  secretary  and  other  assistants,  22,  28,  171, 

705,  862,  867. 

Authorized  to  print  the  Journal  daily,  23. 

Authorized  to  contract  for  the  printing  of  the  Convention,  23,  51. 
Authorized  to  provide  for  stenographic  reports  of  proceedings,  30. 
Instructed  to  make  up  the  pay-roll  of  travelling  expenses,  33. 
Instructed  to  have  printed  such  reports  and  other  papers  as  may  be  approved 
by  the  President,  33;    a  diagram  showing  the  arrangement  of  seats,  46; 
a  docket  for  the  Committee  of  the  Whole,  80;  a  summary  of  propositions 
favorably  reported,  195. 
Instructed  to  obtain  voting  lists  and  to  report  the  cost  of  printing  and  mailing 

certain  information,  267,  287. 

Authorized  to  incur  expense  in  connection  with  the  rearrangement  of  the  Consti- 
tution, 838. 

Resolution  (adopted)  of  appreciation  of  the  services  of  the,  845. 
Directed  to  make  suitable  record  in  the  Journal  of  those  members  of  the  Con- 
vention who  served  in  the  war  with  Germany,  863. 
Sectarian  appropriations.    See  "Public  Funds." 

Order  (Anderson  of  Newton)  providing  for  printing  additional  copies  of  the 
bulletin  on  appropriations  for  sectarian  and  private  purposes,  223; 
adopted,  244. 

Sectarian  institutions,  support  of.    See  "Public  Funds." 
Senate.    Authority  of  the  President  of  the,  in  case  of  vacancies  in  the  offices  of 

Governor  and  Lieutenant-Governor.    See  "Governor." 
Representation  in  the;   abolition  of  the;   Lieutenant-Governor  as  President  of 

the.    See  "General  Court." 

Separation  of  state  and  municipal  revenues  and  expenditures.    See  "Taxation." 
Sergeant-at- Arms .    See  ' '  Constitutional  Convention . ' ' 

Election  of  Thomas  F.  Pedrick  of  Lynn  as,  21;  communication  from  the,  stating 
that  the  legislative  rooms  were  ready  for  the  use  of  delegates,  21;   com- 
pensation of  the,  62,  108,  673,  705,  732,  743,  862,  867. 
Serves  as  escort  for  guests  of  the  Convention,  7,  20,  627,  837. 
Instructed  to  furnish  daily  papers  for  the  delegates,  22,  628. 
Authorized  to  employ  assistants,  22. 
Authorized  to  secure  expert  advice  as  to  ventilating  the  Convention  Chamber, 

34. 

Instructed  to  provide  for  the  protection  of  members  of  the  Convention  against 
the  dropping  of  articles  from  the  gallery,  303. 


958  INDEX. 

Sergeant-at-Arms  — Concluded. 

Instructed  to  impound  the  documents  and  other  property  of  delegates  during 

the  recess  of  the  Convention,  575,  604. 

Resolution  (adopted)  of  appreciation  of  the  services  of  the,  845. 
Sex  discrimination.    See  "Women." 
SHANAHAN,  WILLIAM  J.  (of  Somerville).     Committee,  44;    report,  104;    leave  of 

absence,  149;  amendment,  249. 

SHATTUCK,  JOSIAH  B.  (of  Worcester).    Committee,  44. 
SHAW,  MICHAEL  F.  (of  Revere).     Committee,  44;    resolutions,  76,  77;    motions, 

79,  105,  283,  687,  790;  dissents,  104. 

SHEA,  JOHN  M.  (of  Dalton).    Committees,  45,  357,  837;   reports,  95,  96. 
SHEA,  JOHN  T.  (of  Cambridge).     Committees,  44,  57;    resolution,  47;    dissents, 

119;  presides,  751. 
SHEEHAN,   CHRISTOPHER  A.   (of  Boston).     Committee,   45;    resolutions,   59,   60; 

motion,  713. 

SHERBURNE,  NELSON  (of  West  Springfield).    Committees,  43,  837;   motion,  78. 
Sheriffs,  appointment  of.    See  "County  Officers." 
Sickness,  insurance  against.    See  "Pensions." 
Sights,  smells  and  sounds,  regulation  of.    See  "Buildings." 
Signatures,  obtaining  of.    See  "Initiative  and  Referendum." 
Single  tax  on  land  values.    See  "Taxation." 
SKERRETT,  MARK  N.  (of  Worcester).    Committee,  44;  resolution,  74;  report,  195; 

dissents,  119;  motions,  191,  195,  331;  presides,  195. 
Slaughter  houses.    See  "Necessities  of  Life." 
Smells,  sights  and  sounds,  regulation  of.    See  "Buildings." 

SMITH,  JEROME  S.  (of  Provincetown).    Special  seat,  26;   committees,  43,  239;   re- 
port, 95;  motions,  694,  757. 

SMITH,  RUTHERFORD  E.  (of  Lynnfield).    Committee,  45. 
Social  insurance.     See  "  Pensions." 
Social  Insurance,  committee  on.     Authorized,  24;  appointed,  44;  references,  48,  51, 

54,  60,  61,  75,  82;  reports,  82,  88,  91. 
Social  justice  and  industrial  rights.     See  "  Rights." 
Social  Law  Library.     Trustees  of  the,  extend  to  members  of  the  Convention  the 

privileges  of  the  library,  53. 
Social  Welfare,  committee  on.    Authorized,  24;    appointed,  44;   references,  54,  61, 

75,  81;   sittings,  114;   time  extended,  87,  117,  133,  155,  170;   reports,  82, 

91  (2),  119  (3),  182. 

Soldiers  and  sailors.    Voting  by  absent.    See  "Constitution,  Amendments  of  the." 
Record  of  members  of  the  Convention  who  served  in  the  war  with  Germany, 

863;  compensation,  868. 

Sounds,  sights  and  smells,  regulation  of.    See  "Buildings." 
Souvenir  of  the  Convention,  839. 
SPARRELL,  ERNEST  H.  (of  Norwell).    Committee,  44. 
Special  legislation,  printing  of  a  bulletin  on,  665,  678. 
Special,  local  and  private  matters,  orders  and  petitions  relating  to.    See  "Council;" 

"General  Court." 

Special  privileges,  abolition  of.    See  "Privileges;"   "Public  Officers." 
Speech,  liberty  of.    See  "Rights." 
Spirituous  liquors.    See  "Intoxicating  Liquors." 
State  administration.    See  "Council." 

Resolution  providing  for  a  state  board  of  control  [appointed  by  the  Governor] 

to   replace   existing   commissions,    boards    and   commissioners,    75,    104; 

Resolution  to  establish  a  commission  on  effective  administration,  75,  104; 


INDEX.  959 

Resolution  for  systematizing  the,  and  providing  for  a  state  civil  service 
commission  and  the  appointment  of  the  state  auditor,  75,  104;  Resolu- 
tion (reported)  to  provide  for  the  more  efficient  administration  of  the 
business  of  the  Commonwealth,  746,  780  (second  reading);  rejected,  783 
(yea  and  nay);  reconsidered,  785  (yea  and  nay),  787  (yea  and  nay),  804 
(third  reading),  820,  836;  submitted  to  the  people,  840,  843,  850. 
Resolution  to  provide  against  too  frequent  changes  in  the  form  of  adminis- 
trative departments  of  the  Commonwealth,  76;  reported  adversely,  98; 
rejected,  638. 

Resolution  relative  to  the  issuing  of  ordinances  by  departments,  commissions, 

boards  and  other  administrative  agencies,  76;  reported  adversely,  98,  156; 

committed,  157,  158  (2).     For  two  resolutions  reported  see  "Council;" 

"General  Court." 

Resolution  relative  to  the  separation  of  the  departments  of  government,  76; 

reported  adversely,  798;  rejected,  808. 
Resolution  to  provide  for  the  future  reorganization  of  the  business  and  public 

service  departments,  76;  reported  adversely,  798;  rejected,  808. 
State  Administration,  committee  on.    Authorized,  24;  appointed,  44,  66;  references, 
54,  61,  75,  76,  88,  104,  155,  157;   time  extended,  87,  117,  133,  155,  170, 
181,  196,  205,  218,  244,  266,  283,  306,  334,  367,  400,  427,  465,  503;  reports, 
92,  98  (8),  104,  691,  732  (4),  746  (4),  798  (7);  sittings,  668. 
State  boards  and  commissions.    See  "Governor;"   "State  Administration." 

Resolution  providing  for  a  supervising  secretary  of  all  state  commissions  to  be 

appointed  by  the  Governor,  61;  reported  adversely,  798;  rejected,  808. 
State  budget.    See  "State  Finances." 

Bulletin  (ordered  printed)  on,  systems  in  the  United  States,  636. 
State  constitutions,  amendment  of,  printing  of  a  bulletin  on,  665,  678. 
State  departments.    See  "Council;"    "State  Administration." 
State  election.    Resolution  relative  to  the  date  for  holding  the  annual,  48;  reported 

adversely,  98;  rejected,  654. 

State  Finance,  committee  on.    Authorized,  24;   appointed,  43;   references,  54,  61, 
76,  111,  680;   time  extended,  87,  117;   reports,  88  (2),  91  (2),  111,  131; 
sittings,  705. 
State  finances.    See  "Taxation." 

Resolution  providing  for  an  executive  budget,  54;  Resolution  providing  for  a 
state  budget,  for  the  veto  of  items  therein  and  for  state  financial  super- 
vision of  public  loans  (see  "Loans"),  76,  111;  Resolution  to  provide  for 
establishing  a  state  budget  system,  76;  Resolution  relative  to  providing 
for  the  submission  by  the  Governor  of  an  executive  budget,  76;  Resolution 
to  provide  for  the  extension  of  the  veto  power  of  the  Governor  to  separate 
items  of  appropriation  bills,  76;  Resolution  (reported)  providing  for  a 
state  budget  and  the  veto  by  the  Governor  of  items  or  parts  of  items  in 
appropriation  bills,  91,  692  (second  reading),  699,  759  (third  reading),  760, 
762  (yea  and  nay  on  amendment),  764  (question  of  privilege),  800,  808;  sub- 
mitted to  the  people,  819,  834,  849;  placed  in  rearranged  Constitution,  860. 
Resolution  relative  to  establishing  a  restriction  of  state  debt,  61;  Resolution 
relative  to  granting  the  credit  of  the  Commonwealth  or  its  subdivisions 
(see  "Loans"),  76;  Resolution  relative  to  the  manner  in  which  the  General 
Court  may  authorize  the  issuance  of  bonds  (see  "Loans"),  76;  Resolution 
(reported)  relative  to  loaning  the  credit  of  the  Commonwealth  and  the 
contracting  of  state  debt,  91;  recommitted  (second  reading),  680;  reported, 
726,  768,  803  (third  reading),  808;  submitted  to  the  people,  820,  834,  849; 
placed  in  rearranged  Constitution,  860. 


960  INDEX. 

State  House  employees,  compensation  of,  for  extra  services  performed.  See  "Con- 
stitutional Convention." 

State  insurance.    See  "Insurance  Fund;"   "Pensions." 

State  Librarian.  Order  (Anderson  of  Newton)  providing  for  depositing  with  the, 
a  complete  set  of  the  Convention's  publications  for  presentation  after  the 
war  to  the  library  of  the  University  of  Louvain  (adopted),  815. 

Statements  by  accused  persons.    See  "Judicial  Procedure." 

State  officers.    See  "Biennial  Elections;"   "Election  Laws;"   "Public  Officers." 
Resolution  providing  that  the  Secretary  of  the  Commonwealth,  Treasurer  and 
Receiver-General,  Auditor  of  the  Commonwealth  and  Attorney-General 
be  appointed  by  the  Governor,  54;  reported  adversely,  798;  rejected,  808. 
Resolution  relative  to  the  manner  of  choice  [joint  legislative  ballot]  of  Secretary 
of  the  Commonwealth,  Treasurer  and  Receiver-General,  Auditor  of  the 
Commonwealth  and  Attorney -General,  61;    reported  adversely,  798;   re- 
jected, 808. 

Resolution  providing  for  a  four-year  term  for  elective,  including  a  recall  pro- 
vision in  the  case  of  Governor,  76;  reported  adversely,  98;  rejected,  674. 
Resolution  relative  to  the  appointment  of  certain  [state]  officers  by  the  Gov- 
ernor, 76;  reported  adversely,  798;  rejected,  808. 

State  ownership  of  public  utilities.    See  "Public  Ownership." 

State  printers.     Secretary  authorized  to   contract  with  the,  for  the  Convention 

printing,  23,  51. 
Authorized  to  furnish  publications  for  other  states,  46. 

Statutes,  constitutionality  of.    See  "Courts." 

Statutory  orders,  passing  of.    See  "Council." 

STEARNS,  HARRY  N.  (of  Cambridge).  Committee,  45;  resolution,  69;  motions, 
30,  87,  126. 

Stenographic  reports  of  proceedings  of  the  Convention,  30,  494,  648,  658. 

STOEBER,  CHARLES  (of  Adams).  Committee,  43;  resolution,  60;  petition,  114; 
report,  92. 

STONEMAN,  DAVID  (of  Boston).  Committees,  45,  149;  resolution,  54;  reports, 
96,  97;  motions,  149,  668;  amendment,  291,  296;  presides,  666. 

Storage  warehouses.    See  "Food;"   "Necessities  of  Life." 

Street  railways,  public  ownership  of.    See  "Public  Ownership." 

Subways  and  tunnels,  construction  of.    See  "Labor." 

Suffolk  County  senatorial  districts.    See  "General  Court." 

Suffrage,  right  of.    See  "Voters." 

Suffrage,  committee  on.  Authorized,  24;  appointed,  43;  references,  48,  51,  54, 
59,  61,  62,  77;  reports,  85  (6),  91,  98  (3),  99  (8). 

SULLIVAN,  EDMUND  G.  (of  Salem).  Committees,  45,  837;  resolutions,  863  (2); 
reports,  96,  97;  motions,  etc.,  137,  142,  190,  192,  205  (2),  212,  221,  236, 
280,  355,  424,  485,  495  (2),  505,  603,  611,  631,  654,  706,  707,  782,  785, 
787,  811,  863  (2);  amendments,  401,  655,  656  (3),  751,  752;  presides,  820. 

SULLIVAN,  JOSEPH  M.  (of  Boston).  Order  (Quincy  of  Boston)  providing  for  giving 
James  J.  Mullen,  Jr.,  and  (of  Boston),  seats  in  the  Convention  with  one- 
half  vote  each,  47;  resolution  reported  (giving  seat  to),  63;  adopted,  78; 
qualified,  79;  committee,  79;  compensation,  87;  dissents,  90. 

SULLIVAN,  MICHAEL  A.  (of  Lawrence).  Committee,  45;  resolutions,  68  (2),  72; 
motions,  85,  486,  720;  amendments,  517,  562  (2);  leave  of  absence,  494. 

SULLIVAN,  WILLIAM  H.  (of  Boston).  Committee,  43;  resolutions,  54,  59,  60,  71, 
74;  reports,  84,  89,  92,  785;  motions,  16,  233,  551,  869;  amendments, 
373,  439,  498,  516,  526,  639,  640,  662,  663. 

SULLIVAN,  WILLIAM  J.  (of  Boston).    Committee,  44;  motion,  678. 


INDEX.  961 

Superior  Court.    See  "Courts." 

Supervising  secretary.    See  "State  Boards  and  Commissions." 

Support  of  certain  institutions.    See  "Public  Funds." 

Supreme  Judicial  Court.  See  "Constitution,  Amendments  of  the;"  "Judicial  Pro- 
cedure;" "Police  Power." 

Authority  of  the,  in  construing  the  constitutionality  of  law.    See  "Courts." 
Resolution  relative  to  the  authority  of  the  Governor,  Council  and  General 
Court  to  request  opinions  of  the,  72;    reported  adversely,  96;    rejected, 
638. 

Order  (Pillsbury  of  Wellesley)  relative  to  the  expediency  of  substituting  the 
words  "Supreme  Court"  for  the  words,  wherever  they  occur  in  the  Consti- 
tution, 80;  report  (inexpedient),  118;  rejected,  729.  See  "Legislature." 
Order  (Bennett  of  Saugus)  requesting  the  justices  of  the,  to  answer  certain 
questions  relating  to  the  Constitution  of  the  Commonwealth  and  to  the 
method  and  right  of  amending  the  same,  80;  rejected,  100. 

Surtax  (graduated)  on  large  incomes.    See  "Taxation." 

SWEENEY,  EDWARD  A.  (of  Attleboro).  Committee,  44;  motion,  330;  leave  of 
absence,  392. 

SWEET,  JOSEPH  L.  (of  Attleboro).  Committee,  44;  motion,  392;  dissents,  119  (2); 
leave  of  absence,  330. 

SWIG,  Louis  (of  Taunton).  Committees,  43,  175,  845;  resolutions,  50  (3),  51; 
report,  83;  dissents,  92;  motions,  202,  207;  amendments,  226,  247,  371, 
372,  439,  495,  496;  presides,  509;  leave  of  absence,  708. 

T. 

TALBOT,  HARRY  R.  (of  Plymouth).    Committee,  44. 

TATMAN,  CHARLES  T.  (of  Worcester).     Committee,  43;   reports,  84,  94;    amend- 
ment, 290;  leave  of  absence,  642;  motion,  708. 
Taxation.    See  "Pensions." 

Resolution  relative  to  the  levying  of  a  graduated  income  tax,  48;  Resolution 
relative  to  authorizing  the  Legislature  to  levy  a  graduated  surtax  on  large 
incomes,  51;  Resolution  providing  for  striking  out  the  requirement  that 
all  assessments,  rates  and  taxes  be  proportional,  54;  Resolution  to  remove 
restrictions  upon  the  taxing  power  of  the  General  Court,  62;  Resolution 
(reported)  relative  to  the  power  of  the  General  Court  to  impose  and  levy 
taxes,  104,  671  (second  reading)  (quorum  roll-call),  674  (yea  and  nay), 
750  (third  reading),  752  (yea  and  nay  on  amendment);  rejected,  754,  755. 

Resolution  relative  to  the  exemption  from  taxation  of  certain  real  estate  held 
and  used  for  homestead  purposes,  48;  reported  adversely,  99;  rejected, 
637. 

Resolution  for  a  special  tax  to  provide  pensions  for  the  aged  and  needy,  54, 
82;  reported  adversely,  104;  rejected,  665. 

Resolution  requiring  proportional,  of  the  franchise  value  of  business  corpora- 
tions, 54;  reported  adversely,  104;  rejected,  680. 

Resolution  providing  for  compensating  cities  and  towns  for  loss  of,  on  property 
of  educational  institutions,  55;  reported,  115,  676  (second  reading);  re- 
jected, 680. 

Resolution  relative  to  the  levying  of  poll  taxes  [ten  cents  on  each  dollar  of  the 
tax  rate],  55;  reported  adversely,  99;  rejected,  630. 

Resolution  providing  for  the  complete  separation  of  the  revenues  and  expendi- 
tures of  the  Commonwealth  from  those  of  the  cities  and  towns,  62;  re- 
ported adversely,  100;  rejected,  630. 


962  INDEX. 

Taxation  —  Concluded. 

Resolution  to  authorize  the  imposition  and  collection  of  poll  taxes  at  varying 
rates  for  the  purpose  of  inducing  the  full  exercise  of  voting  rights,  77;  re- 
ported adversely,  99;  rejected,  674. 
Resolution  relative  to  uniformity  in  real  estate  assessments  for,  77;   reported 

adversely,  100;  rejected,  643. 
Resolution  to  provide  a  limit  to  tax  exemptions,  77;  reported  adversely,  100; 

rejected,  637. 

Resolution  to  provide  for  the  single  tax  upon  land  values,  77;   reported  ad- 
versely, 100;  rejected,  665. 
Resolution  relative  to  authorizing  the  single  tax,  77;   reported  adversely,  100; 

rejected,  674. 

Resolution  to  provide  for  true,  complete  and  accurate  returns  of  all  personal 
properties  which  may  be  subject  to,  77;  reported  adversely,  100;  rejected, 
653. 
Resolution  relative  to  making  uniform  the  application  of  all  statutes  relating 

to  the,  of  property,  77;  reported  adversely,  104;  rejected,  680,  687. 
Resolution  to  provide  for  full  publicity  of  tax  assessments,  77;   reported  ad- 
versely, 100;  rejected,  680. 

Resolution  relative  to,  of  real  estate,  77;  reported  adversely,  100;  rejected,  643. 
Resolution  granting  power  to  the  General  Court  to  levy  taxes  on  persons  and 

property  of  alien  residents,  77;  reported  adversely,  100;  rejected,  637. 
Resolution  relative  to  the,  of  agricultural  or  farming  lands  and  products,  77; 

reported  adversely,  100;  rejected,  643. 
Resolution  relative  to,  of  real  estate  and  incomes,  77;  reported  adversely,  100; 

rejected,  665. 

So  much  of  the  Resolution  providing  for  home  rule  for  cities  and  towns  as 
relates  to  the  power  of  municipalities  to  "classify  property  for,  at  varying 
rates"  and  to  "exempt  any  class  of  property  from",  81;  reported  ad- 
versely, 99;  rejected,  649. 

So  much  of  the  Resolution  to  provide  for  a  larger  measure  of  home  rule  for 
cities  and  towns  as  relates  to  the  power  of  municipalities  "to  exempt 
classes  of  property  from",  81;  reported  adversely,  99;  rejected,  637. 
Statements  (ordered  printed)  relative  to  the,  of  church,  charitable  and  educa- 
tional institutions,  188,  191. 

Taxation,  committee  on.    Authorized,  24;   appointed,  44;   references,  48,  51,  55, 
62,  77,  81,  82;  time  extended,  87;  reports,  99  (5),  100  (11),  104  (4),  115. 
Teachers,  leave  of  absence  (with  pay)  for.    See  "Public  Schools." 
Tenth  Plymouth  Representative  District.     Filling  the  vacancy  in  the  membership 
of  the  Convention  from  the.    See  "Constitutional  Convention;"   "Russell, 
Walter  F." 

Textile  schools,  appropriations  for.    See  "Public  Funds." 

THELLER,  RALPH  L.  (of  New  Bedford).  Committee,  43;  resolutions,  50  (2),  54; 
dissents,  91;  leave  of  absence,  306,  505;  amendments,  419,  714,  747; 
motion,  759. 

THOMPSON,  EDWARD  (of  Beverly).     Committee,  44;   resolutions,  74  (2),  75. 
THOMPSON,  HUBERT  C.   (of  Haverhill).     Committees,  45,   175;    dissents,  83,  89; 

motions,  321,  367,  518,  519,  603;  leave  of  absence,  648. 
THOMPSON,   JOHN  L.    (of  North  Attleborough).     Committee,   44;    dissents,    118; 

amendments,  201,  421;  motion,  687. 
TILTON,  RUFUS  H.   (of  Springfield).     Committees,  44,   175,  837;    resolution,  70; 

reports,  99  (2);  dissents,  115. 
Trade  schools,  appropriations  for.    See  "Public  Funds." 


INDEX.  963 

Treasurer  and  Receiver-General.    See  "Council;"    "Liberty  Loan  Bonds." 
Proposed  appointment  of  the.    See  "State  Officers." 

Proposed  subscription  by  the,  for  Liberty  Loan  bonds  for  members  of  the  Con- 
vention, 30. 

Requested  to  accept  waivers  of  salaries  of  absent  members  of  the  Convention 
and  to  dispose  of  sums  so  waived  to  the  Red  Cross  or  other  designated 
charity,  781,  789,  792. 
Change  of  name  of  the,  861. 

TREFRY,  WILLIAM  D.  T.  (of  Marblehead).    Committee,  44;   reports,  100  (2);   dis- 
sents, 115;  motions,  52,  110,  190,  206,  671. 
Trial  by  jury.    See  "Judicial  Procedure." 

Tuberculosis,  dependents  of  persons  suffering  from.    See  "Pensions." 
Tunnels  and  subways,  construction  of.    See  "Labor." 

TURNER,  JOSEPH  (of  Fall  River).    Committees,  44,  175,  837;  leave  of  absence,  791. 
TWOMEY,  JOHN  C.   (of  Lawrence).     Committee,  46;    resolutions,  68,  72  (4),  75; 

report,  191;   motions,  112,  130,  494,  868;   amendments,  501,  576,  609. 
Typewriting  facilities  for  members.    See  "Constitutional  Convention." 

u. 

UNDERBILL,  CHARLES  L.  (of  Somerville).  Committees,  13,  21,  43,  44;  resolution, 
625;  presides,  141,  142,  172,  356-360,  363,  717;  reports,  90,  141,  142,  167, 
194,  207,  505,  658,  678;  dissents,  51,  679;  motions,  etc.,  13,  26  (2),  28 
(2),  34,  49,  80,  116,  141,  142,  154,  211,  216,  245,  275,  290,  298,  355,  390, 
426,  428,  431,  433,  452,  464  (2),  609,  622,  626,  629  (2),  639,  649,  654,  658, 
665,  677,  679,  688,  700,  702,  719,  740,  756,  761  (2),  762  (2),  763,  867; 
amendments,  227,  236,  405,  424,  501,  576,  607,  608,  609,  655,  656,  759, 
761,  782  (3),  803,  804,  839. 

Unemployment  insurance.    See  "Pensions." 

Universities.    See  "Education." 

v. 

Vacancies,  filling  of.    See  "Constitutional  Convention;"    "Governor." 

Ventilation  of  the  Convention  Chamber,  34. 

Verdicts  of  juries.    See  "Judicial  Procedure." 

Veto  of  items  in  appropriation  bills.    See  "Governor;"    "State  Finances." 

Vocational  schools,  appropriations  for.    See  "Public  Funds." 

Voters.    See  "Taxation." 

Resolutions  to  provide  for  absentee  voting,  51,  54;  Resolution  empowering  the 
General  Court  to  provide  by  law  for  absent  voting,  61;  Resolution  to 
provide  for  voting  by  persons  unable  for  valid  reasons  to  attend  the  polls, 
77;  Resolution  (reported)  to  provide  for  absentee  voting,  91,  218,  224, 
231,  246,  256  (first  reading),  264  (second  reading),  267  (third  reading), 
273;  submitted  to  the  people,  281,  307,  308,  313;  report  of  adoption, 
616,  846. 

Order  (Newton  of  Everett)  providing  for  the  consideration  of  absentee  voting 
immediately  after  the  disposition  of  the  initiative  and  referendum,  218; 
new  draft  reported,  224;  adopted,  231,  246. 

Resolution  relative  to  compulsory  voting  at  elections,  76;  reported  adversely, 
99;  rejected,  692;  reconsidered,  694  (yea  and  nay);  rejection  negatived, 
696  (yea  and  nay),  756  (second  reading),  757  (yea  and  nay  on  ordering  to 
a  third  reading),  794  (third  reading)  (yea  and  nay),  797;  rejected,  812 
(yea  and  nay);  reconsidered  and  submitted  to  the  people,  817  (yea  and 
nay),  833,  849. 


964 


INDEX. 


Voters  —  Concluded. 

Resolution  providing  that  all  persons  qualified  to  become  legal,  shall  register 
and  vote  at  elections,  51;  reported  adversely,  99;  rejected,  692. 

Resolution  reducing  the  length  of  time  required  as  a  qualification  for  registra- 
tion and  voting,  61;  reported  adversely,  85;  rejected,  630. 

Resolution  making  aliens  who  have  declared  their  intention  of  becoming  citizens 
qualified  to  vote,  61;  reported  adversely,  99;  rejected,  630. 

Resolution  to  provide  for  equal  rights  of,  for  all  citizens  regardless  of  sex,  76; 
reported  adversely,  98;  rejected,  665. 

Resolution  relative  to  the  qualifications  of,  76;  reported  adversely,  99;  re- 
jected, 666. 

Resolution  to  enable  persons  who  have  declared  their  intentions  to  become 
citizens  of  the  United  States  to  vote  in  city  and  town  elections,  76;  re- 
ported adversely,  99;  rejected,  630. 

Resolution  providing  for  equal  suffrage  for  men  and  women,  62;  reported 
adversely,  98;  rejected,  665,  669. 

Order  providing  for  printing  bulletins  on  compulsory  voting  and  absentee 
voting,  62;  new  draft  adopted,  67. 

Communication  from  the  Governor  recommending  an  amendment  providing 
for  voting  by  absent  soldiers  and  sailors  (placed  on  file),  256. 

w. 

WALCOTT,  ROBERT  (of  Cambridge).  Committee,  43;  resolutions,  58  (2),  71,  76 
(2);  report,  92;  dissents,  89,  92  (2);  motions,  92,  808;  amendments, 
247,  418,  419,  421,  744,  751,  752,  803,  804. 

WALKER,  GEORGE  (of  New  Bedford).  Committees,  45,  357,  837;  resolution,  75; 
report,  90;  motion,  678;  leave  of  absence,  133. 

WALKER,  JOSEPH  (of  Brookline).  Committees,  21,  43  (2),  845;  resolutions,  47,  61; 
reports,  118,  194,  223,  224,  833;  dissents,  266,  396;  presides,  101,  212, 
290,  635-641;  motions,  etc.,  31  (2),  34,  144,  181,  184,  193,  194,  218,  251, 
273,  292,  293,  303,  304,  305,  336,  340,  347,  348,  350  (2),  352,  353,  363, 
374,  394,  396,  402,  406,  408  (2),  410,  414,  416,  423,  450,  453,  464,  466  (2), 
468,  471,  473,  476,  481,  483,  489,  491,  498,  506  (2),  520  (2),  523,  526,  531, 
534,  540,  551,  563,  568,  580,  582,  585,  602  (3),  606  (2),  633,  650,  678,  694, 
710,  750,  838,  845,  853;  amendments,  225,  237,  307,  310,  337  (3),  342  (2), 
343,  371,  372,  425,  436,  455,  458,  460,  461  (4),  463,  466,  468,  506,  580,  607, 
608,  666,  669,  670,  715,  751,  752,  782  (2). 

WALSH,  DAVID  I.  (of  Fitchburg).  Special  seat,  26;  committees,  19,  21,  43,  44, 
170;  resolutions,  51,  70,  72,  76,  77  (2),  844;  motions,  etc.,  117,  266,  269, 
599,  845;  dissents,  266;  leave  of  absence,  648,  705. 

War,  changes  caused  by.     Special  recess  committee  on  problems  relating  to  the,  615. 
Order  (Adams  of  Quincy)  for  a  special  recess  committee  to  consider  economic, 

social  and  legal,  370;   amended  and  rejected,  379  (yea  and  nay). 
Order  (Adams  of  Quincy)  for  a  special  recess  committee  to  consider  economic, 
industrial  and  military,  519,  538;  rejected,  605. 

Warehouses.    See  "Necessities  of  Life." 

WASHBURN,  ALBERT  H.  (of  Middleborough).  Committees,  45,  57,  616,  845;  resolu- 
tion, 58;  reports,  89,  307,  315,  332,  606,  826,  827,  828  (2),  866;  motions, 
etc.,  29,  56,  123,  166,  216  (2),  259,  273  (2),  281,  306,  308,  313,  317,  320, 
331,  333,  334,  336,  337,  379,  554,  607  (2),  655,  728,  772,  823,  841,  861; 
amendments,  228,  234,  337,  352,  382,  416,  438,  488,  509,  553,  554,  557, 
570,  572,  584,  587,  725,  727,  757,  801;  presides,  721;  leave  of  absence,  494. 


INDEX.  965 

WASHBURN,  CHARLES  G.  (of  Worcester).  Committees,  21,  43,  44,  57,  713;  resolu- 
tion and  petition,  62,  103;  reports,  57,  82,  91,  123  (3),  124,  713,  807,  863 
(2),  864;  motions,  etc.,  27,  57,  113,  123  (2),  158,  165,  206,  228,  260,  274, 
287  (2),  293,  307,  312,  344,  367,  393,  418,  642,  713,  714,  814,  867;  amend- 
ments, 120  (2),  168,  185,  247,  325,  326,  343,  657,  660,  663,  714,  747;  pre- 
sides, 123  (2),  197,  225,  231,  232,  236,  237,  269,  348,  556,  699,  727-730. 

Washburn,  Corporal  Slater  (son  of  Delegate  Washburn  of  Worcester),  granted  ad- 
mission to  the  floor  of  the  Convention,  781. 

Watchmen  of  the  State  House,  extra  compensation  for  the.  See  "Constitutional 
Convention." 

WATERMAN,  GEORGE  B.  (of  Williamstown).  Committee,  44;  resolution,  61;  peti- 
tion, 104;  report,  98;  amendments,  677,  680;  dissents,  746  (4). 

Water  powers,  public  ownership  of.    See  "Public  Ownership." 

Waters  and  watersheds.    See  "Natural  Resources." 

WEBSTER,  FRANCIS  E.  (of  Waltham).  Chaplain,  30,  67,  79,  103,  114,  141,  155,  214, 
231,  312,  334,  427,  615,  642,  664,  732,  760,  764,  815,  863;  committee,  43; 
report,  83;  presides,  557-560;  leave  of  absence,  720. 

WEBSTER,  GEORGE  P.  (of  Haverhill).  Committee,  43;  petition,  110;  reports,  99 
(2);  dissents,  98,  99;  motions,  639,  696,  817  (2). 

WEEKES,  GEORGE  LEROY  (of  Harwich).    Committees,  44,  239;  reports,  82,  182. 

WELLMAN,  ARTHUR  HOLBROOK  (of  Topsfield).  Committee,  45;  petition,  104; 
reports,  225  (2);  motions,  225  (2),  293,  836;  amendments,  314,  315,  438, 
484,  486,  792  (2);  presides,  225  (2). 

WHEELER,  WILLIAM  (of  Concord).  Committees,  45,  837;  resolution  of  apprecia- 
tion, 575. 

WHEELOCK,  HENRY  H.  (of  Fitchburg).  Committee,  45;  leave  of  absence,  204; 
war  service,  615. 

WHIPPLB,  SHERMAN  L.  (of  Brookline).  Votes  received  by,  for  President,  17-19; 
committees,  19,  21,  43  (2);  motions,  19,  87;  dissents,  266;  leave  of  ab- 
sence, 292. 

WHITE,  JOHN  A.  (of  North  Brookfield).  Committees,  45,  57;  report,  82;  motions, 
etc.,  250,  315,  334,  357,  379,  424,  560,  663,  720,  764,  780;  presides, 
666. 

WHTTEHEAD,  JAMES  (of  Fall  River).  Committee,  44;  dissents,  98;  reports,  798  (2); 
motion,  427;  leave  of  absence,  155,  635. 

WHTTTIER,  EUGENE  P.  (of  Winthrop).    Committees,  45,  357. 

Whole,  Committee  of  the.    See  "Committees;"   "Quorum." 
Stenographic  reports  of  proceedings  in  the,  30. 
Bulletin  containing  the  record  of  the  action  of  the,  46. 
Debates  in  the,  ordered  printed,  52. 
Docket  for  the,  authorized,  80. 

Order  (Quincy  of  Boston)  relative  to  recognizing  the,  as  a  continuing  body 
with  power  to  assign  or  postpone  matters  before  it,  108;  committed,  111. 
[No  report.] 

Method  of  procedure  in  the,  112,  165  (2),  167,  171,  182. 
Order  of  procedure  in  the,  218,  219  (2),  224,  231,  232,  236,  273. 
Limiting  debate  in  the,  202,  205,  209,  215,  274. 
References,  83,  85,  100,  104,  115,  118,  119,  131,  144,  160,  161,  163,  171,  182, 

231,  426,  494. 

Sessions,  111,  115,  119  (2),  123  (2),  128  (2),  132,  139  (2),  141,  142,  147,  156, 
157,  164  (2),  165  (2),  190,  191,  192,  195,  197  (2),  200  (2),  202,  203,  204, 
205,  206,  209,  210,  211,  212,  217,  220  (2),  225  (2),  232  (2),  237,  245,  246, 
278. 


966  INDEX. 

Whole,  Committee  of  the  —  Concluded. 

Reports,  111,  116,  119,  120,  123  (3),  128  (2),  139  (2),  141,  142,  147,  156,  157, 
164  (2),  165,  166,  192  (2),  195,  197  (2),  200,  201,  202,  203,  204,  206  (2), 
209,  211,  212,  217,  220  (2),  225  (2),  232  (2),  237,  245,  246,  278. 

Journal  of  the,  112,  116,  120,  124,  129,  132,  140,  142,  147,  157,  164,  166,  190, 
192,  195,  198,  201,  203,  204,  206,  210,  212,  217,  220,  225,  233,  237,  247, 
279. 

Motions  to  discharge  the,  237,  246,  251,  253  (yea  and  nay),  255,  274,  275,  278, 
280,  370,  378. 

Amendment  of  Rule  27  discharging  the,  from  all  the  matters  on  its  docket, 
617. 

Order  (Powers  of  Newton)  proposing  an  amendment  of  Rule  32  so  as  to  limit 
the  length  of  speeches,  196,  205;  order  (Swig  of  Taunton)  providing  for 
limiting  debate  in  the,  202;  order  (reported  and  adopted)  limiting  debate 
in  the,  on  the  proposal  to  establish  the  initiative  and  referendum,  207. 

Order  (Kilbon  of  Springfield)  that  the  Convention  go  into,  for  the  considera- 
tion of  such  matters  as  are  the  subject  of  unanimous  adverse  reports,  494; 
rejected,  503. 

Motion  (Sawyer  of  Ware)  that  the  Convention  resolve  itself  into,  for  the  con- 
sideration of  such  matters  as  have  been  given  unanimous  adverse  reports, 
502;  negatived,  503. 

Motion  (Luce  of  Waltham)  that  the  Convention  resolve  itself  into,  for  the 
purpose  of  considering  resolutions  relative  to  the  election  and  term  of 
office  of  judges,  504;  negatived,  505. 

Motion  (Bodfish  of  Barnstable)  that  the  Convention  resolve  itself  into,  for 
the  purpose  of  considering  social  insurance  matters  (negatived),  661. 

Motion  (O'Connell  of  Boston)  that  the  Convention  resolve  itself  into,  for  the 
purpose  of  considering  the  Resolution  providing  for  a  state  budget  and 
the  veto  by  the  Governor  of  items  or  parts  of  items  in  appropriation  bills 
(negatived),  692. 

WILLETT,  GEORGE  FRANKLIN  (of  Norwood).  Committees,  44,  616;  question  of 
privilege,  233;  resolutions,  71,  76  (2);  motion,  31;  amendments,  229,  319, 
327;  presides,  268. 

WILLIAMS,  FRED  HOMER  (of  Brookline).  Committees,  21,  43,  45;  resolution,  840; 
reports,  33,  84,  96,  97,  117,  132  (2),  244,  678,  833,  835;  motions,  etc.,  13, 
33,  131,  132,  136,  204,  249,  264,  560,  604,  669,  671,  693,  736  (2),  737,  791, 
800,  816,  840,  841;  amendments,  264,  269  (2),  740;  presides,  132,  670, 
756;  leave  of  absence,  392. 

WILSON,  WILLIAM  H.  (of  Lowell).    Committee,  45;  reports,  96,  97. 
WING,  HERBERT  (of  Dartmouth).    Committees,  43,  149;  report,  85. 
Winslow,  Congressman  Samuel  E.   (of  Worcester).     Telegram  from,  urging  post- 
ponement of  the  Convention  (placed  on  file),  28. 

WINSLOW,  GUY  M.  (of  Newton).    Committee,  45;   motions,  286,  664. 
Women.    See  "Voters." 

Resolution  authorizing  the  appointment  [by  the  Governor]  of,  to  the  offices 
of  justice  of  the  peace  and  notary  public,  59;  Resolution  providing  that, 
shall  be  eligible  to  appointment  as  notaries  public,  72;  resolution  reported 
[notaries  public],  90,  716  (second  reading),  768  (third  reading),  781;  sub- 
mitted to  the  people,  809,  830,  848. 

Resolution  to  prohibit  discrimination  on  account  of  sex  in  connection  with 
business  and  profession,  58;  reported  adversely,  83;  rejected,  660. 

Resolution  relative  to  the  duty  of  the  Commonwealth  toward  [working],  before 
and  after  childbirth,  75;  reported  adversely,  119;  rejected,  643. 


INDEX.  967 

WONSON,  CARLTON  W.  (of  Gloucester).  Question  of  privilege,  33;  committees,  46, 
239;  resolutions,  60  (3),  61  (3);  reports,  171,  423,  576  (2),  635,  732;  motions 
etc.,  610  (2),  611,  749,  764,  797;  leave  of  absence,  465,  705. 

WOOD,  CHARLES  J.  (of  Cambridge).    Committee,  44;   petition,  104. 

Wood  and  coal,  sale  by  municipalities.    See  "Necessities  of  Life." 

Worcester  County  senatorial  districts.    See  "General  Court." 

Working  men  and  women,  rights  of.    See  "Labor;"   "Pensions." 

Workmen's  compensation.    State  fund  for.    See  "^Pensions." 
Verdicts  in  trials  relating  to.    See  "Judicial  Procedure." 

Y. 

YEAS  AND  NAYS  (see  "Absence,  Leave  of"): 

On  the  method  of  procedure  for  the  election  of  a  President,  13. 
On  committee  reference  of  the  Resolution  that  labor  be  held  to  be  a  personal 
and  not  a  property  right  and  that  the  issue  of  injunctions  be  limited  in 
labor  disputes,  64. 

On  amending  the  report  of  the  committee  on  Elections  (leave  to  withdraw)  on 
the  communication  from  Patrick  H.  Jennings  of  Boston  claiming  election 
as  a  delegate  at  large  and  asking  for  a  recount,  105. 
On  a  motion  to  adjourn  from  July  31  to  August  7  (1917),  134. 
On  a  motion  to  adjourn  on  July  31  (1917),  137. 
On  a  motion  to  adjourn  on  October  5  (1917),  300. 
On  the  rejection  of  the  Resolution  limiting  the  power  of  the  courts  to  declare 

statutes  to  be  unconstitutional,  145. 
On  recommitting  to  the  Committee  of  the  Whole  the  Resolution  relative  to  the 

election  of  judges  by  the  people,  161. 
On  passing  to  be  engrossed  the  Resolution  relative  to  the  support  of  certain 

institutions  from  public  funds,  185. 
Resolution  to  authorize  the  enactment  of  laws  governing  the  acquirement,  sale 

and  distribution  of  the  necessities  of  life : 
On  closing  debate,  261. 

On  an  amendment  by  Mr.  Edwin  U.  Curtis  of  Boston,  270. 
On  postponing  consideration,  321. 
On  an  amendment  by  Mr.  Hobbs  of  Worcester,  328. 
Resolution  to  provide  for  establishing  the  initiative  and  referendum : 
On  discharging  the  Committee  of  the  Whole,  253. 
On  taking  a  recess,  275. 

On  a  motion  (Mr.  Walker  of  Brookline)  to  limit  debate,  304. 
On  an  amendment  by  Mr.  Richardson  of  Newton,  337. 
On  amendments  by  Mr.  Washburn  of  Middleborough,  340. 
On  an  amendment  by  Mr.  Kinney  of  Boston,  348;   350  (reconsideration  re- 
fused). 

On  an  amendment  by  Mr.  Cummings  of  Fall  River,  374. 
On  amendments  by  Mr.  Luce  of  Waltham,  385;  388;  394  (reconsideration); 

396;  402;  406. 

On  a  motion  (Mr.  Lane  of  Boston)  to  adjourn,  408. 
On  a  motion  (Mr.  Walker  of  Brookline)  to  close  debate,  410. 
On  an  amendment  by  Mr.  Kilbon  of  Springfield,  414. 
On  an  amendment  by  Mr.  Washburn  of  Middleborough,  416. 
On  an  amendment  by  Mr.  Walcott  of  Cambridge,  419. 
On  limiting  debate  on  the  second  reading,  429;   431  (reconsideration);  433; 
442. 


968  INDEX. 

YEAS  AND  NAYS  —  Continued. 

Resolution  to  provide  for  establishing  the  initiative  and  referendum — Concluded. 
On  amendments  by  Mr.  Luce  of  Waltham,  445;  450;  453  (reconsideration 

refused). 

On  amendments  by  Mr.  Walker  of  Brookline,  456;  458;  461;  466. 
On  amendments  by  Mr.  Putnam  of  Westfield,  468. 
On  an  amendment  by  Mr.  Loring  of  Beverly,  470. 
On  amendments  by  Mr.  Churchill  of  Amherst,  473. 
On  an  amendment  by  Mr.  Blackmur  of  Quincy,  476. 
On  amendments  by  Mr.  Hibbard  of  Pittsfield,  479. 
On  amendments  by  Mr.  Bailey  of  Newbury,  481. 
On  an  amendment  by  Mr.  Wellman  of  Topsfield,  484. 
On  an  amendment  by  Mr.  Parkman  of  Boston,  486. 
On  amendments  by  Mr.  Richardson  of  Newton,  489;  491. 
On  an  amendment  by  Mr.  Swig  of  Taunton,  496. 
On  ordering  the  resolution  to  a  third  reading,  498. 
On  a  motion  (Mr.  Walker  of  Brookline)  to  limit  debate,  506. 
On  amendments  by  Mr.  Adams  of  Springfield,  520. 
On  an  amendment  by  Mr.  Cummings  of  Fall  River,  523. 
On  an  amendment  by  Mr.  Churchill  of  Amherst,  526. 
On  an  amendment  by  Mr.  Edwin  U.  Curtis  of  Boston,  529. 
On  amendments  by  Mr.  Richardson  of  Newton,  532;  535. 
On  an  amendment  by  Mr.  George  of  Haverhill,  540;   551  (reconsideration 

refused). 

On  an  amendment  by  Mr.  Moriarty  of  Boston,  542. 
On  an  amendment  by  Mr.  Bates  of  Boston,  548. 
On  amendments  by  Mr.  Washburn  of  Middleborough,  554;  558. 
On  an  amendment  by  Mr.  Lummus  of  Lynn,  560. 
On  an  amendment  by  Mr.  Churchill  of  Amherst,  563. 
On  a  motion  (Mr.  McCarthy  of  Marlborough)  for  the  previous  question, 

565. 

On  an  amendment  by  Mr.  Morton  of  Fall  River,  568. 
On  amendments  by  Mr.  Washburn  of  Middleborough,  570;  572. 
On  amendments  by  Mr.  O'Connell  of  Boston,  577. 
On  amendments  by  Mr.  Walker  of  Brookline,  580. 
On  amendments  by  Mr.  Churchill  of  Amherst,  582. 
On  an  amendment  by  Mr.  Curtis  of  Revere,  585. 
On  amendments  by  Mr.  Quincy  of  Boston,  591. 
On  an  amendment  by  Mr.  Pillsbury  of  Wellesley,  593. 
On  an  amendment  by  Mr.  Brown  of  Brockton,  596. 
On  passing  the  resolution  (as  amended)  to  be  engrossed,  600. 
Order  (Mr.  Avery  of  Holyoke)  providing  that  after  final  action  on  the  initiative 

and  referendum  the  Convention  adjourn  to  meet  within  one  week  after 

the  prorogation  of  the  General  Court  of  1918: 
On  adopting  the  order,  358. 
On  reconsideration,  361. 
Resolution  relative  to  universities  and  colleges  and  to  the  encouragement  of 

literature : 

On  amendments  by  Mr.  Kenny  of  Boston,  294. 
On  an  amendment  by  Mr.  Anderson  of  Newton,  296. 
On  the  adoption  of  an  amended  order  (Mr.  Adams  of  Quincy)  providing  for  a 

recess  committee  to  consider  the  economic,  social  and  legal  changes  wrought 

by  the  war,  379. 


INDEX.  969 

On  approving  an  amendment  of  Rule  45  relative  to  adjournments  for  more 

than  seven  days,  620.    On  reconsideration,  622. 
On  an  amendment  (Mr.  Mancovitz  of  Boston)  of  the  Resolution  relative  to 

the  tenure  of  office  of  the  judiciary,  645. 
On  amendments  (Mr.  Quincy  of  Boston)  of  the  Resolution  to  extend  the  power 

of  the  Commonwealth  to  provide  homes  for  citizens,  650. 
Resolution  relative  to  the  power  of  the  General  Court  to  impose  and  levy  taxes: 
On  ordering  the  resolution  to  a  third  reading,  675. 
On  an  amendment  by  Mr.  Creamer  of  Lynn,  752. 

Resolution  relative  to  service  on  certain  legislative  recess  committees  and  com- 
missions : 

On  an  amendment  by  Mr.  Leonard  of  Boston,  682. 
On  an  amendment  by  Mr.  Clapp  of  Lexington,  809. 

On  rejecting  the  proposal  embodied  in  the  Resolution  relative  to  the  appor- 
tionment of  members  of  the  General  Court,  688. 
Resolution  relative  to  compulsory  voting  at  elections: 
On  reconsidering  the  rejection  of  the  proposal,  695. 
On  rejecting  the  proposal,  697. 
On  ordering  the  resolution  to  a  third  reading,  757. 
On  passing  it  to  be  engrossed,  794. 
On  submitting  the  proposal  to  the  people,  812;  817. 
Resolution  to  provide  for  biennial  elections  of  state  officers,  councillors  and 

members  of  the  General  Court: 
On  rejecting  the  proposal,  700. 
On  ordering  the  resolution  to  a  third  reading,  766. 
On  passing  it  to  be  engrossed,  801. 
On  submitting  the  proposal  to  the  people,  820. 
On  ordering  to  a  third  reading  the  proposal  relative  to  the  scope  of  the  executive 

department  and  to  the  authority  of  the  Governor,  710. 

On  an  amendment  (Mr.  Bodfish  of  Barnstable)  of  the  Resolution  relative  to 
regulating  the  issue  of  injunctions  in  labor  disputes,  721.    On  rejecting  the 
proposal  embodied  in  the  resolution,  723. 
On  ordering  to  a  third  reading  the  Resolution  to  provide  for  the  calling  and 

holding  of  future  constitutional  conventions,  728. 
Resolution  relative  to  the  public  interest  in  natural  resources: 
On  amendments  by  Mr.  Clapp  of  Lexington,  734. 
On  passing  the  resolution  to  be  engrossed,  737. 
On  suspending  the  rule  and  permitting  an  amendment  (Mr.   Dresser  of 

Worcester),  776. 

On  submitting  the  proposal  to  the  people,  778. 
On  an  amendment  (Mr.  O'Connell  of  Boston)  of  the  Resolution  providing  for 

the  appointment  of  judges  for  specific  terms,  740;  769. 

On  an  amendment  (Mr.  Avery  of  Holyoke)  of  an  amendment  (Mr.  Parkman 
of  Boston)  of  the  Resolution  providing  for  a  state  budget  and  the  veto  by 
the  Governor  of  items  or  parts  of  items  in  appropriation  bills,  762,  764 
(question  of  privilege). 

On  passing  to  be  engrossed  the  Resolution  to  extend  the  power  of  the  Common- 
wealth to  provide  homes  for  citizens,  774. 
Resolution  to  provide  for  the  more  efficient  administration  of  the  business  of 

the  Commonwealth: 

On  ordering  the  resolution  to  a  third  reading,  783. 
On  reconsidering  the  rejection  of  the  resolution,  785. 
On  ordering  the  resolution  to  a  third  reading,  787. 


970  INDEX. 

YEAS  AND  NAYS  —  Concluded. 

On  submitting  to  the  people  the  proposal  embodied  in  the  Resolution  authorizing 
the  General  Court  to  pass  laws  regulating  the  conditions  and  restricting 
the  hours  of  labor  and  establishing  a  minimum  wage,  799. 
On  suspending  Rule  35  with  reference  to  the  Resolution  relative  to  the  inter- 
ruption or  impairment  of  any  public  service,  864. 

YOUNGMAN,  WILLIAM  S.  (of  Boston).  Monitor,  24;  committee,  43;  resolutions, 
71,  72;  dissents,  118;  motions,  etc.,  195,  272,  352,  376,  385,  715;  amend- 
ments, 229,  235,  237,  365;  leave  of  absence,  713,  859. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

DOCUMENTS  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


642-2569 

*6CD  IN 
DOCS  DEPT.    SEP  2  5 

979 

JAN  0  2  1991 

REC'D  OCT  01  '90 

LD  21-20m-8,'61 
(01795810)476 


General  Library 

University  of  California 

Berkeley 


VC  36183 


